Section 1: Construction

Each townhome building plot and the common area shall be subject to a perpetual easement for encroachments caused or created by construction, settling, protrusions and overhangs, as designed or constructed by the declarant or other builder. A valid and perpetual easement for said encroachments and for the maintenance and reconstruction of the same shall and does exist.

Section 2: Utility, Emergency and Association

There is hereby created a blanket and perpetual easement upon, across, over, under and above all of the common area, including, but not limited to the street, together with an aerial easement above each townhouse building plot from a plane above each resident house as constructed upward, for ingress, egress, installation, replacing, repairing and maintaining all utilities, including but not limited to water, storm sewers, sanitary sewers, gas, telephone, electricity and a master television antenna system. By virtue of this easement is shall be expressly permissible for the electrical and/or telephone companies furnishing service to the Property to erect and maintain the necessary poles, cross-arms and other necessary facilities and equipment on the Property and to affix and maintain electrical and/or telephone wires, circuits, conduits and other facilities and equipment on, above, across, and under the roofs and exterior walls of said residences; it is agreed, however, that chimneys may extend into the aerial easement hereby created shall not cover or include any space which is actually occupied by any portion of any residence house as constructed. An easement is further granted to all police, fire protection, ambulance and other emergency vehicles, and to garbage and trash collector pick-up vehicles and all similar persons to enter upon the common area in the performance of their duties. Further, an easement is hereby granted to the Association, its offices, agents, employees, and to any other management company selected by the Association to enter into or to cross over the common area to render any service, effect emergency repairs, or to improve, replace, or maintain things deemed necessary. Notwithstanding anything contained in this paragraph to the contrary, no sewer lines, water lines, electrical lines, telephone lines or other utilities may be installed or relocated on the Property except as initially programmed and approved by the declarant, or thereafter approved by declarant or the Association’s Board of Directors. In the event any utility company furnishing a service covered by the general easement herein provided shall request a specific easement by separate recordable document, then declarant or the Association shall have the right to grant such an easement. The easements provided for in this Article shall in no way affect any other recorded easement affecting the Property.

Section 3: Underground Utility Services

1. Underground Electric Service.

   An underground electric distribution system will be installed to serve each of the townhouse building plots. The Owner of (all in accordance with the requirements of local governing authorities and the national electric code) the underground service cable and appurtenances from the point of the electric company’s metering to the point of attachment at such company’s installed transformers or energized secondary junction boxes, such point attachments to be made available by the electric company at a point designated by such company for each townhouse building plot. The electric company furnishing service shall make the necessary connection at said point of attachment and at the meter. In addition, the Owner of each townhouse building plot shall, at his own cost, furnish, install, own and maintain a meter loop and maintain a meter loop (in accordance with the then current standards and specifications of the electric company furnishing service) for the location and installation of the meter of such electric company for the residence constructed on such Owner’s townhouse building plot. For so long as underground service is maintained, the electric service to each townhouse building plot shall be uniform in character and exclusively of the type known as single phase, 120/240 volt, three-wire, sixty cycle, alternating current.
   

2. Telephone Service.

   Telephone service shall be available to each townhome building plot. Service between the telephone company’s main lines and an individual residence shall be wholly or partly by way of underground conduit. Such conduit system shall be owned and maintained by the Owner, but all service wires therein shall be installed, owned and maintained by the telephone company.
   

3. Water Service.

   Water service shall be provided to each townhome building plot by way of water lines connected to water mains of Forest Cover Municipal Utility District. The cost of water service to and water consumed by the owners of all townhouse building plots and in the common area and court site shall be paid by the Association. There distribution system between the point of connection to the Forest Cove Utility District water mains and the point of penetration of the exterior wall of each residence shall be operated, repaired and maintained by the Association.
   

4. Sanitary Sewer Service.

   Sanitary sewer service shall be provided to each townhome building plot by means of sanitary sewer lines which shall be connected to the sanitary sewer lines of Forest Cove Utility district for final treatment. That part of the sanitary sewer service line from the point of connection to the collection system within the Property, to and through the residence shall be owned and maintained by the owner.
   

5. Use of Easements.Easements for underground utility services may be crossed by paved streets, driveways and walkways. Neither the declarant nor any utility company using the easements shall be liable to any owner for any damage done by either of them or their assigns, agents, employees or servants, to the shrubbery, trees, lawns, flowers, or other improvements of the owner located on the land covered by said easements.