2244 W Whitman Court

Page 50

property and such property or any portion tllereof benefitmg from such easement is not made subj eet to tlus Declaration, Declarant, Its successors or assigns shall enter into a reasonable agreement With the Association to share the cost of any mamtenance wh.1ch the Associanon provides to oralong any roadway providing access to such Property 11 5

Easements for Mamtenance. Emergency, and Enforcement.

Declarant grants to the AsSOCIatIOn and the Council easements over Anthem Parkside as necessary to fulfill the maintenance responsrbihtres descnbed m Section 7 2 Such easements shall include the nght, but not the obligation, to enter upon any Lot for emergency, security, and safety reasons, to perform mamtenance and to inspect for the purpose of ensuring compliance WIth and enforcing the Governing Documents Such nght may be exercised by the duly authonzed agents and assignees of the AsSOCIatIon and the COunCIl., and all emergency personnel in the performance of their dunes Except in an emergency situation, entry shall be only dunng

reasonable hours and after nonce to theOwner Declarant grants to the Associanon and the Council, an easement and the right to enter a Lot to abate or remove, using such measures as may be reasonably necessary, anystructure, thing or condition which VIolates the Govermng Documents All costs incurred, including reasonable attorney fees, shall be assessed against theViolator as aBenefited. Assessment 11 6

Easements for Lake and Pond Mamtenance and Flood Water

Declarant reserves far Itself, the Association, the Council, and their successors. assigns, and designees. the non-exclusive nght and easement, but not the obhganon, to enter upon bodies of water and wetlands located within the Area of Common Responsabihty to (a) install, operate, mamtam, and replace pumps to supply irrigation water to the Area of Common Responsibility; (b) construct, maintain, and repair structures and equipment used for retaining water; and (c) maintain such areas in a manner consistent WIth the Community-Wide Standard- Declarant, the Assocranon, the Council, and the successors. assigns and designees of each shall have an access easement over and across any of Anthem Parkside abuttIng or containing bodies of water

to the extent reasonably necessary to exercise thenghts under this Section.

Declarant further reserves for Itself, the Assocranon, the Council, and their successots, assigns and designees, a perpetual, non-exclusive nght and easement ofaccess and encroachment over the Common Area and Lots (but not the dwellings thereon) adjacent to or winun 100 feet of bodies of water within Anthem Parksrde, In order to (a) temporanly flood and back water upon and mamtam water oversuch portions of Anthem Parksrde, (b) alter m anymanner and generally maintain the bodies of waler withm the Area of Common Responstbihty, and (c) mamtain and landscape the slopes and banks pertainmg to such areas All Persons entitled to exercise these easements shall use reasonable care In and repair any damage resulting from the mten1J.onal exercise of such easements Nothing herem shall be construed to make Declarant or any other Person liable for damage resultmg from floodmg due to heavy ramfall or other natural occurrences

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2244 W Whitman Court by FirstAmAZ - Issuu