201908192 - Laserfiche WebLink

Browse

201908192 4.2 Easements for Utility Facilities. Declarant, as the Owner of the Property, hereby creates and grants to the Association and each Owner for its use and for the use of its invitees or permittees, a non-exclusive perpetual easement over those portions of the Property identified on the Plat as utility easement areas for the installation, use, operation, maintenance, repair, replacement, relocation and removal of certain utilities serving the Lots. In accordance with Article 3, any utility installed in the Common Area or in a Lot shall be underground. Except as otherwise provided herein, the Grantee of any easement for installation of utilities under this Section shall be responsible, as between such Grantee and the Grantor, for the installation, maintenance, repair and removal at Grantee's cost of all utilities installed by the Grantee pursuant to the easement grant, as well as for all utilities installed by the Grantee on its own Lot. Any such installation, maintenance, repair, replacement, relocation and removal of utilities shall be performed by Grantee only after thirty (30) days advance notice to Grantor of Grantee's intention to do such work. However, in the case of an emergency, any such work may be immediately performed after giving such advance notice to Grantor as is practicable under the circumstances. In addition, all such installation, maintenance, repair and removal shall be performed in a manner that causes as little disturbance to Grantor as may be practicable under the circumstances and any and all portions of the surface area of Grantor's Lot which may have been excavated, damaged or otherwise disturbed as a result of such work shall be restored, at the sole cost and expense of Grantee, to essentially the same condition as the same were in prior to the commencement of any such work. Grantee shall defend, indemnify and hold Grantor harmless from and against any and all liens, losses, liabilities, costs or expenses (including reasonable attorneys fees), incurred in connection with Grantee's exercise of the utility easements under this Section, except to the extent occasioned by Grantor's negligent or wrongful act or omission to act. ARTICLE 5 MISCELLANEOUS 5.1 Notice. Any notice required or permitted to be given under this Declaration shall be in writing and shall be made by personal delivery or deposit in the United States Mail as Certified Mail, Return Receipt Requested, postage prepaid, or deposit with a recognized national overnight courier and addressed to the Owner being notified at the address given below (or such other address which any Owner may designate for itself from time to time hereafter by written notice to the other Owners): If to Declarant: JEH Holdings, LLC 2517 Apache Road Grand Island, NE 68801 Attn: Ellen Hornady If to an Owner: To the party at the street address of the Residential Lot owned or occupied. 11 4845-6155-3581.3