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202002679
<br />Lot is over any part of the Common Area, then any conveyance, lease, or
<br />encumbrance of such Common Area shall be subject to an easement for ingress
<br />and egress in favor of the Owner and Residents of the Lot and their guests and
<br />invitees.
<br />(b) The right of the Board to adopt rules, regulations, or policies regulating the use of
<br />the Common Area, including limiting the number of guests who may use the
<br />Common Area and restricting or prohibiting access to such portions of the Common
<br />Area (such as landscaped areas) not intended for use by the Owners or Residents.
<br />(c) The right of the Association to suspend the right of any Owner or Resident, and
<br />their family members, guests, and invitees, to use the Common Area (other than the
<br />right of such Owner or Resident, and their family members, guests, and invitees, to
<br />use any streets that are part of the Common Area for ingress or egress to the
<br />Owner's Lot) if such Owner is more than fifteen (15) days delinquent in the
<br />payment of Assessments or other amounts due to the Association or if the Owner
<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 Owner
<br />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, or
<br />replacing equipment used to provide to any portion of the Property or adjacent land any utilities,
<br />including without limitation water, sewer, drainage, gas, electricity, telephone, and television
<br />service, whether public or private; (b) ingress and egress to install, construct, operate, maintain,
<br />repair, and replace such equipment; and (c) storm water management and storm water drainage, as
<br />necessary or desirable for the orderly development of the Property. Such easement is hereby
<br />granted to any Person providing the aforesaid utilities or installing, constructing, maintaining,
<br />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 equipment
<br />used to provide or meter the utility as promptly and expeditiously as possible, and shall restore the
<br />surface of the land and the surrounding vegetation and Improvements to their original condition as
<br />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 28 of 52
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