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public utilities and drainage facilities are reserved as noted on the
recorded plat. Within these easements, or any easement granted by the Developer
pursuant to Article IV, Section 6,.no structure, planting or other material
shall be placed or permitted to remain which may damage, impair or interfere
with the installation and maintenance of utilities. The easement area of each
lot, tract, or parcel and all permitted improvewents within said easement
areas shall be maintained continuously by the owner of the lot, tract, or
parcel, except for those improvements for which a public authority or utility
company is responsible. Each owner is granted an easement over, upon and across
the land of the ad~oining owner on each side for the purpose of maintaining,
painting and repairing the extension of the wall on said owner's property.
Section 12. Encroachment on Lots. In the event that any portion of any
roadway, walkway, parking area, roof drainage sys~em, water lines, sewer lines,
utility lines, sprinkler system or any other structure as originally constructed
by Developer or its designee, successor or assign encroaches on any Lot, it shall
be deemed that the Owner of such Lot has granted a perpetual easement to the Owner
of the adjoining Lot or the Association as the case may be, for continuing mainten-
ance and use of such encroaching roadWay, walkway, parking area, roof drainage
system, water line, sewer line, utility line, sprinkler•system or structure. The
foregoing shall also apply to any replacements of any such roadway, walkway, parking
area, roof drainage system, water lines, sewer lines, utility lines, sprinkler
system or structure if same are con'structed in substantial conformance to the
original. Other encroachments may hereafter be maintained as provided in a
Supplemental Declaration. The foregoing conditions shall be perpetual in duration
and shall not be subject to amendment of these covenants and restrictions.
Section 13. Easement for Walkways. The Developer reserves to itself and •
its successors and assigns the right to construct walkways between the cluster
homes for the benefit of the occupants and their guests, as well as for the .
purpose of maintenance of the lawns adjoining such areas. To this extent and
for this purpose the Developer reserves an easement over and across said walkways.
Section 14. It is understood and agreed that said premises may not
and shall not be used for convalescing or custodial care as a home occupation.
Section 15. Additional Rules and Re~ulations. So long as it retains
control, the Developer, and thereafter the Board of Directors of the
Association, may establish such additional rules and regulations as may be
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