CC&Rs

ARTICLE VIII

Easements

[8. 1] Section 1. Encroachment Easements. If any portion of the Common Area encroaches on any Townhouse or if any portion of a Townhouse encroaches on the Common Area, regardless of the cause, a valid easement exists for such encroachment and for the maintenance of it as long as it remains, and all Townhouses and the Common Area are made subject to such easements. If any structure containing a Townhouse is partially or totally destroyed and then rebuilt and any encroachment on the Common Area results, a valid easement exists for such encroachment and for the maintenance of it as long as it remains, and, all Townhouses and the Common Area are made subject to such easements.

[8.2] Section 2. Street Easements. Each Owner and the Association shall have and is hereby granted a nonexclusive easement for street, roadway and vehicular traffic purposes over and along the private streets and paved parking areas within the Properties, subject to termination of such easement and the rights and restrictions set forth in this Declaration. The nonexclusive easement granted hereby to each Owner and to the Association is subject to the offer of dedication of such streets made upon the Subdivision Maps and upon complete or partial acceptance of such offer by the County of Sacramento, said easement shall terminate and be of no further force or effect as to those streets or portions thereof accepted by the County. The streets within the Properties shall also be subject to an emergency vehicle access easement and public right-of-way easement, as shown upon and described by the Subdivision Map.

[8.3] Section 3. Blanket Utility Easement. There is hereby created a blanket easement upon, across, over and under all of the Properties for ingress, egress, installation, replacing, repairing and maintaining all utilities, including but not limited to water, sewers, gas, telephones, drainage and electricity and the master television antenna or cable television system. By virtue of this easement, it shall be expressly permissible for the providing utility company to erect and maintain the necessary equipment and underground facilities on the Common Area. Notwithstanding the foregoing, no sewer, electrical lines, water lines, or other utilities may be installed or relocated on said Properties except as initially designed and approved by the Declarant or thereafter approved by the Association’s Board of Directors. The easements provided for in this section 3 shall in no way effect any other recorded easement on the Properties.

[8.4] Section 4. Maintenance Easements. An easement is hereby granted to the Association, its officers, agents, employees, and to any management company or contractor selected by the Association to enter in or to cross over the Common Area and any Lot to perform the duties of maintenance and repair of the Lots, Common Area, or Common Facilities, provided that any entry by the Association or its agents into any Townhouse shall only be undertaken in strict compliance with article III, section 6(b).

[8.5] Section 5. Other Easements. Each Townhouse and its Owner, and the Association as to the Common Area, are hereby declared to be subject to all the easements, dedications and rights-of-way granted or reserved in, on, over and under the Properties and each Townhouse and Common Area as shown on the Subdivision Map.

[8.6] Section 6. Priority of Easements. Wherever easements granted to the County are, in whole or in part, coterminous with any other easements, the easements of the County shall have and are hereby granted priority over said other easements in all respects.

[8.7] Section 8. Development Easement. The Declarant shall have access over or across the Common Areas for the purposes of (1) completion of construction of the Project, including subsequent phases of the Project and (2) the erection, construction, or maintenance of structures or other facilities designed to facilitate the completion of construction or marketing of Lots or improvements on them.