Non-Exclusive Easements Reserved and Established over Common Area Sample Clauses

Non-Exclusive Easements Reserved and Established over Common Area. Each of the Airspace Lots shall have appurtenant to it, as the dominant tenement, and there are hereby established, reserved and granted to each Owner of an Airspace Lot, non-exclusive easements over the Common Area, as the servient tenement, for a term and duration coextensive with the Owner’s title or interest in the Airspace Lot, for ingress and egress; use, occupancy and enjoyment; building support for footings and foundations; encroachments; maintenance and construction; drainage; parking; and for installation and operation of utilities, and other purposes as more particularly set forth and described herein in subparagraphs 2.2.1 through 2.2.7, subject to the following provisions: (A) The right of the Association to discipline Members and to suspend the voting rights of a Member for any period during which any Assessment against the Member’s Airspace Lot remains unpaid, and for any infraction of the Declaration, Bylaws, Articles or written rules and regulations in accordance with the provisions of Sections 4.9.5, 5.2.6, 5.2.7 and 11.1 and other applicable provisions of this Declaration. (B) The access rights of the Association to maintain, repair or replace improvements or real or personal property located in the Common Area as provided in Sections 2.2.4 and 5.2.5 and elsewhere in this Declaration. (C) The rights and duties of the Owners to grant easements under, in, upon, across, over, above or through any portion of the Common Area (i) to permit the beneficial development and use of the Common Area in accordance with this Declaration and the Project Approvals, subject to approval by the Board, and (ii) for any required or appropriate utility for the benefit of the Common Area or any Airspace Lot, subject to the following: (1) The size, scope and location of any such easement shall be determined by the Board in a non-discriminatory manner to enhance the efficient, cost-effective use of the easement, to comply with applicable laws and permits, and to preserve the aesthetic appearance of the Project. (2) The form and substance of such easements shall be determined by the Board, and shall include an indemnification (if such an indemnity can be negotiated), by the grantee of the Owners, the fee owners of the Project, and the Association for any and all losses, costs, claims, liabilities and damages incurred by any Owner, fee owner or the Association in connection with the use of such easement by a grantee and such grantee’s agents, contractors, employees...
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Related to Non-Exclusive Easements Reserved and Established over Common Area

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