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ARTICLE VII Section 7.1 There is reserved for the benefit of each residence lot an easement of maintenance and use to which the entire project shall be subject for any and all encroachments resulting from roof overhand and any other causes attributable to the design and construction of improvements on each residence lot, any and all encroachments resulting from construction errors, laterals shifting from settlement or any other cause, and any and all encroachments resulting from construction of sewer, water and electrical lines, or other utilities. Projecting private docks, patios, terraces or balconies or assigned parking areas attached to a residence unit may occupy a permanent easement over the common ground, but the owner of a residence unit assumes the responsibility and sole liability for the maintenance, insurance coverage and use, holding the Association harmless from any and all activities or suits resulting from such use and occupancy. Section 7.2 Any encroachment or use of the common area shall be subject to approval by the Board, which may, in its discretion, require a reasonable rental for the value of the common area encroached upon to be paid by the lot owner requesting the encroachment. Section 7.4 There is reserved to the Association an easement to which the entire area shall be subject of entry and of access for the performance generally of its rights and duties as provided in this Declaration. Entry into the residence of an owner pursuant to this easement shall be restricted to reasonable times and must be preceded by seven (7) days' notice to the occupant, unless entry is required by an emergency. Section 7.5 There is reserved an easement over, under and through each residence unit and residence lot, and the common areas for installation, maintenance and repair of each and every utility service, including, but not limited to, sewage, water, electricity, gas, television and telephone service. Section 7.6 It is agreed that for purposes of valuation and assessment by the County Assessor of Douglas County, State of Nevada, that the easements herein provided for shall be valued as part of and assessed against the residence lot to which any easement is appurtenant. Section 7.7 (A) Because of the mountainous nature of the terrain, it is anticipated that there will be walkways from the road to each of the residence lots and residence units. Such walkways may be partly or entirely used in common with other residence lot owners for ingress and egress. Each such walkway shall be considered appurtenant to the residence lot or residence unit it benefits as an easement, so long as it is subject to use. Construction of walkways will be allowed only with the approval in writing of the Board. (B) The residence lot owners and residence unit owners benefited by such walkways shall be fully responsible for the maintenance thereof. Home Page | Top | Previous Page | Next Page |