Restrictive Covenants & By-laws

Governing the operation of the Association.

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ARTICLE 05 - EASEMENTS
5.01 In General:
The Association, through the Board, reserves and grants, as hereinafter provided, certain easement rights in the real estate that constitutes the Development. No permanent building shall be placed on such easements, but the same may be used for gardens, shrubs, landscaping and other purposes, provided that such use or uses do not interfere with the use of said easement for their intended purposes. No easement hereby or subsequently reserved or granted by the Association shall prohibit any other utility from crossing any such easement with its facilities for the purpose of extending, repairing or maintaining utility service to any property or properties. The easements so reserved by the Association are described as follows:

a. Association, through the Board, for itself, its successors, assigns and licensees, reserves a thirty (30) foot wide easement along all road rights-of-way and a five (5) foot easement along the side and rear lines of each and every lot for the purpose of installing, maintaining and operating utility lines and mains thereon, together with the right to trim or cut or remove any trees and/or brush and the right to locate guy wires, braces and anchors wherever necessary for said installation maintenance and operations together with the right to install, maintain and operate utility lines and the appurtenances thereto; culverts and drainage ditches, reserving also with rights to ingress and egress to such areas for any of the purposes theretofore mentioned. Except in instances where an owner of two or more adjoining lots erects and constructs a dwelling or building which will cross over or through a common lot line, the same shall not be subject to the aforementioned five foot easement, except as shown on recorded plats. Association further reserves for itself, its successors, assigns and licensees for lake and shoreline maintenance and control along that portion of each lot contiguous to a lake shoreline, an easement ten (10) feet wide. Association for itself and its successors, assigns and licensees also reserves the right to cause or permit drainage of surface water over and/or through said lots. Association, its successors, assigns and licensees, also reserves an easement on, over and under all road rights-of-way for the purpose of installing, maintaining and operating the aforementioned utilities and drainage. Lot owners shall have no cause of action against Association, its successors and assigns, either in law or in equity, excepting in cases of willful or wanton negligence on account of any damage caused by the installation, maintenance and operation of the aforementioned utilities and drains. All lot owners will install dry culverts between the road rights-of-way and their lots in conformity to specifications and recommendations of the Association, its successors and assigns.

(1) Flowage Easement: Every lot in the Development that lies contiguous to the Lake shall be subject to a flowage easement to an elevation on the lot equal to the high water elevation of such lake as stated on the recorded plat.

(2) Slope Control Easement: Each lot shall further be subject to an easement for the maintenance and permanent stabilization control of slopes.

b. Rules for Determination of Location of Easement in Certain Cases: The rules prescribed in Section 3.02 of the Restrictions above for the establishment of setback lines that must be measured from meandered lines may be applied, whenever necessary, and with such adaptations as are necessary, in defining the location of any easement that is to encumber a strip of land contiguous to a meandered line.