DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PAGE 33
ARTICLE VI (cont.)
6.4. Utility Easements.
Declarant reserves the right to grant additional easements and rights-of-way over the Property to utility companies and public agencies, as necessary, for the proper development and disposal of the Property. Such right of Declarant shall expire with respect to (i) any Phase upon Close of Escrow for the sale of all Condominiums in such Phase, or (ii) all Phases on the seventh anniversary of original issuance by DRE of the Final Subdivision Public Report for Phase 1.
6.5. Encroachments.
Declarant reserves for its benefit and the benefit of the Owners and the Association a reciprocal easement appurtenant to each Unit over the Units and the Common Property for the purpose of (i) accommodating any existing encroachment of any wall or any other authorized Improvement, (ii) accommodating encroachment of the upper floors of some Units into yards or Exclusive Use Areas of other Units; and (iii) maintaining the same and accommodating authorized construction, reconstruction, repair, shifting, movement or natural settling of the Dwelling Units or other Improvements. Declarant further reserves easements and reciprocal negative easements for utility services and repairs, replacement and maintenance of the same over all of the Common Property for the benefit of the Owners. Declarant reserves for the benefit of the Property, the Owners and the Association, reciprocal nonexclusive easements for drainage of water over, across and upon the Property. Use of the foregoing easements may not unreasonably interfere with each Owner's use and enjoyment of adjoining Units. No portion of the Common Property, including without limitation parking spaces and other amenities contemplated as a part of the Property, is proposed to be leased by Declarant to the Owners or the Association.
6.6. Completion of Improvements.
Declarant reserves for its benefit the right and easement to enter the Property to complete any Improvement which Declarant deems desirable to implement Declarant's development plan.
6.7. Reciprocal Easement Agreement.
Declarant assigns to Association all of the rights and delegates all of the duties of the "Adjacent Association" defined in the Reciprocal Easement Agreement as the rights and obligations relate to the Property. As each Phase of Development is added to the Property, the rights and obligations of the Adjacent Association shall automatically be transferred to the Association effective upon the first Close of Escrow in the Phase. Declarant assigns to Owners all of the rights and delegates all of the duties of the "Adjacent Owners" defined in the Reciprocal Easement Agreement as the rights and obligations relate to the Property. As each Phase of Development is added to the Property, the rights and obligations of the Adjacent Owners shall automatically be transferred to the Owners effective upon the first Close of Escrow in the Phase.
ARTICLE VII
7. Declarant's Rights and Reservations.
Nothing in the Restrictions limits, and no Owner or the Association may do anything to interfere with, the right of Declarant to (a) subdivide or resubdivide any portion of the Property, (b) complete or modify_ Improvements to and on the Common Property or any portion of the