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<br />has violated any other provision of the Community Documents and has failed to
<br />cure such violation within fifteen (15) days after the Association notifies the
<br />Owner of the violation.
<br />(d) The rights and easements reserved by or granted to the Declarant or a Designated
<br />Builder by this Declaration.
<br />(e) The rights and easements, if any, reserved or granted to the Declarant or any other
<br />Person in the deed conveying the Common Area to the Association.
<br />Notwithstanding any other provision of this Section to the contrary, only the Owners and
<br />Residents of Lots within a Subdivision Assessment Area, and their family members, guests, and
<br />invitees, shall have a right and easement of enjoyment in the Subdivision Common Area of that
<br />Subdivision Assessment Area.
<br />The right of easement and enjoyment of the Common Area may not be transferred or
<br />assigned except upon the conveyance or transfer of the Lot to which such right is appurtenant.
<br />6.2 Utility and Development Easements.
<br />A non-exclusive, perpetual blanket easement is hereby granted over and through the
<br />Common Area for the purpose of (a) installing, constructing, operating, maintaining, repairing,
<br />or replacing equipment used to provide to any portion of the Property or adjacent land any
<br />utilities, including without limitation water, sewer, drainage, gas, electricity, telephone, and
<br />television service, whether public or private; (b) ingress and egress to install, construct, operate,
<br />maintain, repair, and replace such equipment; and (c) storm water management and storm water
<br />drainage, as necessary or desirable for the orderly development of the Property. Such easement
<br />is hereby granted to any Person providing the aforesaid utilities or installing, constructing,
<br />maintaining, repairing, or replacing equipment related thereto.
<br />Any pipes, conduits, lines, wires, transformers, and any other apparatus necessary for the
<br />provision or metering of any utility may be installed or relocated only where permitted by the
<br />Declarant or Designated Builder, where contemplated on any site plan approved by the Declarant
<br />or Designated Builder or where approved by resolution of the Board. Equipment used to provide
<br />or meter such utilities or services may be installed above ground during periods of construction if
<br />approved by the Declarant or Designated Builder. The Person providing a service or installing a
<br />utility pursuant to this easement shall install, construct, maintain, repair, or replace the
<br />equipment used to provide or meter the utility as promptly and expeditiously as possible, and
<br />shall restore the surface of the land and the surrounding vegetation and Improvements to their
<br />original condition as soon as possible.
<br />The Declarant and each Designated Builder shall have the right to grant and reserve
<br />easements, rights-of-way, and licenses over and through the Common Area in favor of other
<br />Persons for the purposes set forth in this Section or for any other purpose necessary or desirable
<br />for the orderly development of the Property. If the Person installing the utility or providing a
<br />service requests a specific easement by separate recordable documents, then the Declarant,
<br />Designated Builder, or the Association shall have the power to Record a document locating such
<br />easements.
<br />Page 37 of 67
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