ARTICLE
VII
EASEMENTS,
ZONING AND OTHER RESTRICTIONS
7.01
EASEMENTS
(a)
Declarant hereby expressly reserves to the Declarant, its successors and assigns forever,
the right to create perpetual easements in, on, over and under any part of the Property
owned by Declarant for any purpose which Declarant deems necessary , including, by way of
example, and not limitation, the following:
(i)
the erection, installation, construction and maintenance of wires, lines, conduits and
poles and the necessary or proper attachments in connection with the transmission of
electricity, telephone, cable television and other utilities and similar facilities;
(ii)
the erection, installation, construction and maintenance of storm-water drains, land
drains, public and private sewers, irrigation systems, pipelines for supplying gas, water
and heat, and for any other public or quasi-public facility, service or function;
(iii)
slope control purposes, including the right to grade and plant slopes and to prevent the
doing of any activity which might interfere with slopes or which might create erosion or
sliding problems or which might change, obstruct or retard drainage flow;
(iv)
the planting or re-planting of hedges, shrubbery , bushes, trees,
flowers and plants of any nature;
(v)
the erection, installation, construction and maintenance of fences, walls, monuments,
signs, etc. along streets and in, around and along and at entrances to the Development;
and the right to landscape such areas; plant, re-plant and prune hedges, shrubbery ,
bushes, trees, flowers, grass and plants of any nature; and
(vi)
lake maintenance, access and recreational use for portions of the Property abutting lakes,
if any, which easement may be for the benefit of the Declarant and Owners; provided,
however, no easement shall be granted to the Association or others by Declarant to permit
any person or person using any lake or lakes on Common Property to enter onto any portion
of a Lot not covered by such lake unless such entering person is the Owner of the Lot.
(b)
No Owner shall have any right to use any easement created by the Declarant in, on or over
any portion of the Property unless such easement has been assigned by the Declarant to the
Association,
7.02
EASEMENT AREA. The words "Easement Area" as used herein shall mean those areas
on any Lot with respect to which easements are shown on a recorded deed or on any filed or
recorded map or plat relating thereto.
7.03
ENTRY. The Declarant and its employees, agents, successors and assigns, shall have the
right, at all reasonable times, to enter upon all parts of each Easement Area for any of
the purposes for which such Easement Area is reserved without being deemed to have
committed a trespass or wrongful act solely by reason of such entry and the carrying out
of such purposes, provided the same are done in accordance with the provisions of this
Article. The Declarant and its employees, agents, successors and assigns shall be
responsible for leaving each Lot in good condition and repair following any work or
activity undertaken in an Easement Area pursuant to the provisions of Section 7.01.
7.04
ZONING AND PRIVATE RESTRICTIONS. None of the covenants, restrictions or easements created
or imposed by this Declaration shall be construed as permitting any action prohibited by
applicable zoning laws, or by the laws, rules or regulations of any governmental body. In
the event of any conflict between such laws, rules or regulations and the covenants,
restrictions and easements created or imposed by this Declaration, the most restrictive
provision shall govern and control.