Article VII – Easements

Easements for construction, installation, maintenance and continued location of driveways, sidewalks, walk­ways, parking areas, public and private water/sewer lines, gas lines, cable television, telephone, electric power lines, sanitary sewer and storm drainage facilities and for other utility installations are reserved for the benefit of the Declarant and the Association as shown on the recorded plats. Further, perpetual easements ten feet in width for installation, repair and maintenance of general service utilities and facilities are reserved for the benefit of Declarant and the Association over, under and through and along the front and rear Home Site lines of all Home Sites shown on recorded plats, and perpetual easements five feet in width for such purposes are reserved over, under and through and along all side lines of all Home Sites shown on recorded plats. A fifteen foot (15) easement for construction, replacement, maintenance and continued location of a brick or stone wall is reserved by Declarant for its benefit and that of the Association as shown on any recorded plat of the Property. Furthermore, an easement is reserved for the benefit of Declarant and the Association over, under and through any Common Area and along that portion of any Home Site upon which is located any brick or stone wall or any portion thereof for the construction, replacement, maintenance and continued location of such brick or stone wall together with a general right of ingress, egress and regress over and upon any such Home Site for the purpose of accessing such construction and location easement. In the event it is determined that other and further easements are required over any Home Site or Home Sites in locations not shown on the recorded plat and not along rear or side Home Site lines, such easements may be established by the Declarant, except that if any such easements are reserved or established after the conveyance of a Home Site or Home Sites to be affected thereby, the written consent of the Owner or Owners of such Home Site or Horne Sites and of the trustees and mortgagees in deeds of trust constituting a lien thereon shall be required. The Declarant or the Association may, without consent or approval of any Owner, grant or convey any of the easement rights hereinabove reserved for the purposes set forth herein to any person, public or private utility or service company or any agent of Declarant or the Association. The Association and the Declarant shall have the right, power and authority to grant easements and rights‑of‑way for the installation and maintenance of drainage facilities and of utilities, whether private, public or quasi‑public, including cable television, water, gas and sewer upon, over, under and across any Common Area and/or Common Open Space without the assent of the Members when, in the sole opinion of the Board of Directors of the Association, such easements are required or reasonably necessary for the development and/or the convenient use and enjoyment of the Property and/or the Beverly Crest Property and, in the sole opinion of said Board, will not unreasonably interfere with the overall use and enjoyment of the Common Areas and Common Open Spaces. Each Owner, by accepting a deed to a Home Site, expressly grants to the Association and to the Declarant, or either of them, an irrevocable power of attorney for the purpose of granting easements in, on, over, through and across the Common Areas and/or Common Open Spaces as provided herein. No structure, planting or other material shall be placed or permitted to remain within any easements provided for above which may interfere with the installation of sewerage disposal facilities and utilities, or which may change the direction of flow or drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements.