SugarMill Plantation Covenants

Article X – Easements


Section 1 – Utility and Cable Television Easements. For 60 long as the Declarant is a Class C member, the Declarant hereby reserves the right to grant perpetual nonexclusive easements for the benefit of Declarant or its designees, upon, across, over, through and under any portion of the Property for ingress, egress, installation, replacement repair and maintenance of all utility and service lines and service systems, public and private, including without limitation cable television. Declarant, for itself and its designees, reserves the right to retain title to any and all pipes, lines, cables or other improvements in Stalled on such easements. Upon termination of the Class C membership, the Association shall have the right to grant the easements described herein.

Section 2 – Declarant’s Easement of Correct Drainage. For go long as the Declarant Is a Class C member, Declarant hereby reserves the blanket easement on over and under the ground within the Property to maintain and correct drainage of surface waters and other erosion controls in order to maintain reasonable standards of health, safety and appearance.

Section 3 – Easement for Unintentional Encroachment. The Declarant hereby reserves an exclusive easement for the encroachment by any SFRU or MFRU upon the Common Property or vice-versa caused by or resulting from, construction, repair, shifting, settlement or movement of any portion of the Property, which exclusive easement shall exist at all times during the continuance of such encroachment, easement appurtenant to the encroaching Property to the extent of such encroachment.

Section 4 – Entry Easement. In the event that the Owner and/or the applicable Subdivision Association, if any, fails to maintain a Unit or any portion of the Property for which it is responsible as required herein or in the applicable Subdivision Declaration or in the event of emergency, the Association shall have the right to enter onto the Unit to make emergency repairs and to do other work reasonably necessary for the proper maintenance and operation of the Property. Except in the case of an emergency, such entry shall take place only after written notice is given to the Owner. Entry onto the Lot or Unit as provided herein shall not be deemed a trespass and the Association shall not be liable for any damage so created unless such damage is caused by the Association’s willful misconduct or gross negligence.

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