8.1 Conveyance of Common Elements. As further described on the Plat, Declarant grants, confirms and conveys to the Association for the undivided common use and enjoyment of the Association and Owners, the Common Elements, subject to the easements on the Plat and described herein.

 

8.2 Association to Maintain Common Elements. The Association shall have the right and the obligation to maintain the Common Elements, (except to the extent such maintenance is required to be provided by utility purveyors) and all expenses relating thereto shall be Common Expenses.

 

8.3 Easements. The following easements are hereby conveyed, established, granted, confirmed and conveyed:

 

8.3.1 An irrevocable non-exclusive easement is hereby granted to the Association for the construction, repair, replacement, reconstruction, and maintenance of utilities and drainage facilities in all Common Elements and within all portions of individual Lots which are not covered by the footprint of a building. No structure, planting or other material which may damage or interfere with the installation and maintenance of utilities or facilities, or which may change the direction, of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through the drainage channels in the easements, shall be placed or permitted to remain within any of these easements, except as otherwise authorized by the Plat.

 

8.3.2 Each Lot has an easement in and through each other Lot and the Common Elements for all support elements and utility, wiring, heat and service elements, and for reasonable access thereto, for the maintenance, repair and replacement of all improvements within each Lot. Each Lot as it is constructed is granted an easement (to which each other Lot and all Common Element is subject) for the location and maintenance of all the original equipment and facilities and utilities for such Lot.

 

8.3.3 The Board, on behalf of the Association and all Owners thereof, shall have authority, to grant utility, road and similar easements, licenses and permits under, through or over the Common Elements, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Property.

 

8.3.4 There is hereby reserved to the Association, or their duly authorized agents and representatives, such easements and rights of access over, across, under or into the Property (and any part thereof) as are necessary, for repairs, maintenance or replacement and/or to perform the rights, duties and obligations of the Association as are set forth, provided for or authorized in the Governing Documents.

 

8.3.5 An easement is granted over, across and under Common Elements for the benefit of Declarant, the Association and the Owners, and their respective heirs and assigns, for ingress and egress to and from the Lots, for emergency vehicle access to the Lots, and for the purposes of exercising all other rights granted in this Declaration. Such easement includes, without limitation, the right to go upon the Lots for the purpose of removing vehicles or other similar objects which are parked or stored in violation of the terms of this Declaration, or otherwise exercise remedial rights under this Declaration.

 

8.3.6 Lots and all Common Elements are hereby declared to have an easement over all adjoining Lots and Common Element, for the purpose of accommodating any encroachment due to engineering errors, or errors in original construction, reconstruction, repair of any portion of the Lot Improvements, or any other similar cause, and any encroachment due to building overhang or Subdivision. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred 'due to the willful act or acts with full knowledge of said Owner or Owners. In the event a Lot or Common Element is partially or totally destroyed, and then Repaired or rebuilt, the Owners agree that minor encroachments over adjoining Lots shall be permitted, and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. The foregoing encroachments shall not be construed to be encumbrances affecting the marketability of title to arty Lot.

 

8.3.7 The specific mention or reservation of any easement in this Declaration does not limit or negate the general easement for Common Elements reserved by law.

 

8.4 Storm Drainage and Maintenance Easement. A private perpetual, nonexclusive easement for storm drainage, grading, landscaping and maintenance is hereby granted and conveyed to the Lot Owners and the Association under and upon the exterior five (5) feet adjoining each side and rear boundary line of each Lot and Tract. If the boundary line of any Lot or Tract is altered, the easement' shall relocate accordingly. The Association shall have the right of ingress and egress and the right to excavate, construct, operate, maintain, repair and/or rebuild: (i) an enclosed or open channel storm water conveyance system and/or other drainage facilities under, upon or through the drainage easement, provided that each Lot Owner shall have the explicit responsibility for maintaining the portion of the system located on the Owner's Lot; and (ii) landscaping, including retaining walls and similar improvements, fencing, and any regrading that the Association deems reasonable to advance the safety, beautification or value of the Subdivision, provided that each Lot Owner shall have the explicit responsibility for maintaining the portion of any such improvements located on the Owner's Lot.