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3 BML Covenants 3. EASEMENTS
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.
ć 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. ć 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. ć 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. ć 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. ć 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.
ć 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. ć 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.
ć 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. ć 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. ć | ||||||||||||||||||||||||||||||||||||||||||||
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