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CC&R ARTICLE VII: LOT LINE EASEMENTS

Section l. Creation. Whenever in the Plat a structure for a single family detached dwelling may be built so that a portion of the dwelling may be constructed along a lot line, then a lot line easement is hereby created for the benefit of the owner of the dwelling which easement is ten feet in width along the lot line of and entirely within the adjacent Lot for the purposes as described and upon the conditions imposed in the Article.

Section 2. Purposes. The easement may be used by the dwelling owner for the following purposes and no other:

(a) Access and temporary use to maintain and repair the foundation roof and exterior of the structure which is built along the Lot line, such as painting exterior walls, trim, gutters and downspouts: cleaning gutters; waterproofing foundations; installing, maintaining and repairing (including any necessary excavation) drain pipes, tiles, lines and other items incident to proper drainage and caulking exterior surfaces:

(b) To lay, install, maintain and repair (including any necessary excavation) necessary footings and foundations; roof overhangs; downspouts, gutters, drain lines and other items incident to proper drainage; and water, sewer and other utility pipes, lines and connections.

(c) Lateral support of the structure by the subsoil of the minerals in the adjoining Lot; and t (incomplete)

(d) In the event of damage or destruction of the structure or its appurtenances in whole or in part, from any cause, to repair, rebuild or replace the structure, or to build a new one, and all footings, foundations, roof overhangs, downspouts, gutters, items for proper drainage, water, sewer and other utility pipes, lines and connections and such other appurtenances as are necessary or appropriate to repair or replace the structure.

Section 3. Conditions. The owner of the structure may exercise the easement rights subject to the following conditions:

(a) Except for overhangs, downspouts, drainage and footings built in the easement, occupation and use at the surface of the adjoining Lot subject to the easement, the airspace above it and the ground below, shall be only as long as is reasonably necessary to accomplish with exercise of due diligence the maintenance, repairs or reconstruction contemplated:

(b) After the maintenance, repairs or reconstruction is completed, all excavations shall be filled in, any damage caused to the adjoining Lot or appurtenances and property located on it (including that to lawns and other landscaping) shall be repaired, and all tools, scaffolding, equipment and other materials and supplies used in affecting the maintenance, repairs or reconstruction shall be removed;

(c) Except in the case of emergency, prior notice shall be given to the owner or occupant of the adjoining Lot. The notice shall be of intention to use the easement, describing the project contemplated, the manner in which it is intended to accomplish the project and the estimated length of time required to complete the project. The notice need not be in writing but must be reasonable in scope and time given the circumstances and in sufficient detail as to permit the owner or occupant of the adjoining Lot sufficient time and understanding so that reasonable steps may be taken to prepare for and accommodate the exercise of the easement rights; and

(d) All reasonable steps shall he taken to prevent or avoid any injury to or death of any person and to prevent, avoid or minimize damage to or destruction of any property within the easement or adjacent thereto as the result of exercise of these easement rights.

Section 4. No Obstructions. The owner of the adjoining Lot shell not locate, place within, or suffer to exist any structure, improvement, device, fence or other thing, item or obstruction within the easement which would impair, impede, or render unsafe or hazardous the use of the easement for the purposes permitted.

Section 5. Plat Easement. The provisions of this Article shall supplement, define and expand provisions contained on the face of the Plat creating similar easement.