About Us | Newsletter | Emergency Emailer | Quail Hollow


Beech Mountain Lakes Association
One Burke Drive, Drums PA 18222
570-788-1010 Phone 570-788-5117 Fax

Home Dining Recreation General Governance Security Contact Us

3

BML Covenants

 

3. EASEMENTS

3

.

1

Right of Easement

3

.

2

Access Easement

3

.

3

Construction Easement

3

.

4

Easement for Declarant's Business Use

3

.

5

Utility Easement

3

.

6

Emergency Vehicles

3

.

7

Repair and Maintenance

3

.

8

Easement for Encroachment

3

.

9

Owner's Responsibility

3

.

10

Mineral Rights

3

.

11

Easement for Benefit of Community

 

 

3.1 Right of Enjoyment. Each Owner, his family, guests, invitees, and licensees shall have a perpetual non-exclusive right and easement to use and enjoy the Common Areas and the Community Common Areas within his Community. Such right and easement shall run with the land, be appurtenant to and pass with title to every Interest, subject to and governed by the provisions of this Declaration, the By-Laws, and the Rules and Regulations. Non-Owners may use and enjoy the Common Areas and Community Common Areas only to the extent permitted by the Rules and Regulations and such Rules and Regulations may require that any such individual be a guest of an Owner who has the right to use such areas and/or pay a use fee set by the entity responsible for the management and operation of the Common Areas or the Community Common Areas.

 

3.2 Access Easement. Each Owner, his family, guests, invitees and licensees shall have a perpetual non-exclusive easement for ingress to and egress from his Unit; over and across all walkways, private roads and driveways located on the Common Areas and the Community Common Areas, which easement shall run with the land, be appurtenant to and pass with the title to every such Interest. The Association, its employees, agents and contractors, shall have the right of ingress to and egress from the Common Areas and the Community Common Areas, including but not limited to parking and security patrolling and the right to store equipment in the Common Areas and the Community Common Areas for the purposes of furnishing any maintenance, repairs or replacements of such areas, as required or permitted hereunder.

 

In the event that said easements for ingress and egress shall be encumbered by any mortgage, leasehold or other lien, other than those which have been recorded in the Office for Recording of Deeds, Luzerne County, Pennsylvania prior to the date of recordation of this Declaration, such mortgages, leaseholds or other liens shall hereby be subordinate to the use rights of any Owner or Owners whose ownership interest is not also encumbered by said mortgage, leasehold or other lien.

 

3.3 Construction Easement. The Declarant shall be entitled to construction easements over the Common Areas or Community Common Areas in order to conduct and complete construction and improvements as may be reasonably required, convenient or incidental to the completion, renovation, improvement or development of such areas.

 

3.4 Easement for Declarant's Business Use. Declarant shall have and hereby retains for itself, an easement to maintain business and sales offices in the Common Areas and Community Common Areas, which easement shall include, but not be limited to, the right to er6ct and maintain signs, a sales office, a business office and promotional facilities within such areas.

 

3.5 Utility Easements. The Association shall have the right, for the benefit of the Development, to utilize and to grant easements over, across, and under the Common Areas or Community Common Areas for utilities, sanitary and storm sewers, security or other types of monitors, walkways, roadways, and rights-of-way, and to relocate or to realign any existing easements or right-of-way over, across, and under such areas including without limitation, any existing utilities, sanitary lines, or sewer lines. In addition, the Association is authorized to give, convey, transfer, cancel, relocate, and otherwise deal with any and all utility and other easements now or hereafter located on or affecting such Common Areas or Community Common Areas.

 

All, public and private utilities (including cable television) serving, the Development are hereby granted the right to lay, construct, renew, operate, and maintain conduits, cables, pipes, wires, transformers, switching apparatus and other equipment, into and through the Common Areas and Community Common Areas for the purpose of providing utility, drainage or irrigation services to the Development; provided the exact location of said equipment and easements shall be approved in advance, in writing by the Association.

 

3.6      Emergency Vehicles. Luzerne County, Butler, Foster and Dennison Townships or any other governmental authority or utility which has jurisdiction over the Development shall have a non-exclusive easement over the Common Areas and Community Common Areas for police, fire, ambulance and any other lawful emergency vehicles for the purpose of furnishing utilities or municipal or emergency services to the Development.

 

3.7 Repair and Maintenance. The Association shall have a reasonable right of entry upon any Unit to perform emergency repairs or to perform any other work reasonably necessary for the proper maintenance of the Development, provided, such exterior maintenance is, in the opinion of the Board, required, including without limitation: paint; repair; roof repair and replacement; installation of gutters downspouts and exterior building surfaces; and-yard cleanup. The provisions of any exterior maintenance services by the Association to any Unit shall not be deemed an acceptance of ongoing responsibility to maintain such property or the ownership of such property. At such time as the Association renders such exterior maintenance services, it shall do so at the sole expense of the Owner, which expense shall be a Personal Charge hereunder, separate, apart and in addition to any other Assessment or Charge imposed by this Declaration. The cost of such maintenance may be assessed against an Owner, which, in the opinion of the Association, benefits from same. Such maintenance costs may also be assessed against all condominium Units to the extent that such maintenance is required to be performed upon the condominium common elements.

 

3.8 Easement for Encroachment. If by reason of the design, construction, reconstruction, settlement or shifting of any building or other improvement located in the Development:

(a) A Unit or any structure containing one or more Units shall encroach upon another Unit, upon the Common Areas or upon a Community Common Area; or

b) improvements to the Common Areas or a Community Common Area shall encroach upon a Unit or the common elements of a condominium; then there shall be deemed to be an easement in favor of and appurtenant to such encroaching improvement for the continuance, maintenance, repair, and replacement thereof. The person who is responsible for the maintenance of any encroaching improvement for which an easement for continuance, maintenance, repair and replacement thereof is granted under this Section shall continue to be responsible for the maintenance of such encroaching improvement and the person who is responsible for the maintenance of the real estate upon which such improvement encroaches shall not have the duty to maintain, repair or replace any such encroaching improvement unless otherwise provided in this Declaration.

 

3.9 Owners Responsibility. The right-of-way and easement areas reserved by Declarant or dedicated to public utility purposes shall be maintained continuously by the Owner of the affected property, but no structures, plantings or other materials shall be placed or permitted to remain or other activities undertaken which may damage or interfere with the installation or maintenance of utilities, which may change the direction of flow of drainage channels in the easements, which may obstruct or retard the flow of water through drainage channels in the easement, or which damage or interfere with established slope ratios or create erosion or sliding problems; provided, however, that where the existing location of a drainage channel would hinder the orderly development of an Owners property, the drainage channel may be relocated on such property provided the newly formed drainage swale is properly stabilized and provided such relocation does not cause an encroachment on any other property in the Development. Improvements within such areas shall also be maintained by the respective Owners except for those which a public authority or utility company is responsible.

 

3.10 Mineral Rights. The Declarant reserves unto itself, all coal, oil, gas, mineral, mining and drilling rights. Under the Act of Assembly of the Commonwealth of Pennsylvania of 1957, P.L. 984 s1 and its amendments, notice that the title to coal underlying a piece of land and that the right of support are not included must be given to all purchasers. This notice appears in some prior deeds in the chain of title to the lands included in the Development. Therefore, the required notice will be placed in bold type, as required on the face of all deeds to lands in the Development as follows:

 

THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER,

INCLUDE OR INSURE THE TITLE TO THE COAL

AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE

LAND DESCRIBED OR REFERRED TO HEREIN, AND

THE OWNER OR OWNERS OF SUCH COAL MAY HAVE

THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF

SUCH COAL AND, IN THAT CONNECTION, DAMAGE

MAY RESULT TO THE SURFACE OF THE LAND AND

ANY HOUSE, BUILDING OR OTHER STRUCTURE ON

OR IN THE LAND. THE INCLUSION OF THIS NOTICE

DOES NOT ENLARGE, RESTRICT OR MODIFY ANY

LEGAL RIGHTS OR ESTATES OTHERWISE CREATED,

TRANSFERRED, EXCEPTED OR RESERVED BY THIS

INSTRUMENT.

3.11 Easement for Benefit of Community. The Declarant and/or the Association shall have the right and authority from time to time to lease or grant easements, licenses, or concessions with regard to any portions or all of the Common Areas and each Community Common Area which the Declarant or the Association owns for such uses and purposes as the Declarant or Association deems to be in the best interests of the Owners and which are not prohibited hereunder, including, without limitation, the right to grant easements for utilities, cable television, and similar and related purposes. Any and all proceeds from leases, easements, licenses or concessions with respect to the Common Areas or a Community Common Area shall be used to pay the Common Expenses or appropriate Community Expense, as the case may be. Each person, by acceptance of a deed, Membership Certificate, mortgage, trust deed, other evidence of obligation, or other instrument relating to ownership, shall be deemed to grant a power coupled with an interest to the Declarant or the Association Board, as the case may be, as attorney-in-fact, to grant, cancel, alter or otherwise change the easements provided for in this Section. Any instrument executed pursuant to the power granted herein shall be executed by Declarant or by the President of the Association and attested to by the Secretary of the Association and duly recorded.

 

 

 



(MORE THAN VACATION, IT'S HOME!)



zumu logo
Powered by Zumu Software
Websites at the speed of thought.
www.zumu.com