Article IX — Easements

Section 9.01 — Easements for Utilities

Easements for installation and maintenance of utilities are created as shown on any recorded Subdivision Map or any portion of the Development or as otherwise granted to utility companies. The rights and duties of the Owners of Lots or Separate Interests within the Development with respect to sanitary sewer, water, electricity, gas, television cable (or CATV service) and telephone lines, and other facilities, shall be governed by the following:

(a) Each Owner shall maintain those facilities and connections located upon his or her respective Lot which are not maintained by the respective utility company or agency.

(b) No Owner shall construct any Improvements on any utility easement area of record which will unreasonably interfere with the maintenance and repair of the facilities located in said easement without the prior written consent of the appropriate utility company. No Owner shall construct any improvements in open space parcels adjacent to the Owner’s property.

Section 9.02 — Easements for Drainage

Easements for installation and maintenance of drainage facilities may be shown on the recorded Subdivision Maps for the Development, and no buildings, obstructions or encroachments by landfills are allowed within any such drainage easements. Additional nonexclusive easements appurtenant to each Lot in the Development are hereby created and reserved for drainage according to the patterns for drainage created by the approved grading plans for the Development, as well as according to the actual, natural and existing patterns for drainage.

Section 9.03 — Easements for Slope and Drainage Maintenance

Each Owner of a Lot in the Development acknowledges and agrees that he or she will permit free access by Owners of adjacent Lots or Separate Interests to slopes or drainage channels, if any, located on his or her Lot which affect the adjacent Lot when such access is essential for the maintenance of said slopes or drainage channels for the protection of the adjoining Lot.

Section 9.04 — Easements for Construction and Sales Activities of the Declarant and Merchant Builders

The Declarant hereby reserves for itself and for the benefit of those persons who are designated as Merchant Builders easements over the Development for access, ingress and egress on and over the Development as necessary to improve and develop the Development, and for construction, display, maintenance, sales and exhibit purposes in connection with the improvement and sale of Lots and Separate Interests within the residential areas of Rio Del Oro, together with the right to grant and transfer the same to the Declarant’s/Merchant Builders’ sales agents and representatives and prospective purchasers; provided, however, that such use by the Declarant, Merchant Builders and others shall not interfere with the reasonable use and enjoyment of a Residence by the Owner thereof, commencing at closing on his or her Lot; and provided further that the rights pursuant to this Section 9.04 for any Merchant Builder shall only extend to those Parcels, Lots or Separate Interests acquired by the Merchant Builder from the Declarant. The construction and sales easements reserved hereby shall specifically include the right to maintain sales offices in models and/or temporary modular facilities at such location or locations throughout the Development as Declarant or the Merchant Builder may deem appropriate, the right to place signs advertising Residences for sale, and the right to maintain temporary utility poles, lines and other facilities throughout Rio Del Oro.

Section 9.05 — Other Easements

Each Lot and its Owner, the Master Association and Declarant, as the case may be, is hereby declared to be subject to all the easements, dedications and rights-of-way granted or reserved in, on, over and under the Development and each Lot as shown on the Subdivision Map for any portion of the Development including, without limitation, roadway and ditch drainage easements.

Section 9.06 — Priority of Easements

Wherever easements granted to the City, or to a political subdivision thereof are, in whole or in part, coterminous with any other easements, the easements of the City shall have and are hereby granted priority over said other easements in all respects.