Various Rights and Easements
3.1 Easements Reserved. Easements are reserved and granted as shown on and in accordance with the Subdivision Plats, P.D. plans and other instruments of record in the Register's Office of Shelby County, Tennessee, including this Declaration.
3.2 Owner's Easements for Access and Utilities: To the extent that such may be necessary, each Owner and his Guests shall have a non-exclusive easement across the Common Areas which are devoted to streets, roads, drives or pathways for access between his Lot and the roads and streets adjacent to the Property. To the extent that such may be necessary, each Owner shall have a non-exclusive easement in, on and over the Common Areas, for utility service to his Lot, including but not limited to, water, sewer, gas, electricity, telephone and cable television service.
3.3 Easements Deemed Appurtenant: The easements, uses and rights herein created for an Owner shall be appurtenant to the Lot of that Owner and all deeds, grants and conveyances of and other instruments affecting title to a Lot shall be deemed to grant or reserve the easements, uses and rights as are provided for herein, even though no specific reference to such easements, uses and rights appears in any such conveyance.
3.4 Easement: A non-exclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance and other similar emergency agencies, services or Persons, and to U.S. Postal Service persons, and garbage collection, now or hereafter servicing the Property, to enter upon all streets, roads and driveways located in the Property, and upon the Property, in the performance of their duties.
3.5 Ingress and Egress. Should any utility company request a specific easement by separate, recordable document, Declarant shall have the right, without joinder by any other party, to grant such easement on and over any of the Property without conflicting with the terms hereof. The easements provided for in this Article shall in no way affect any other recorded easements on said premises.
3.6 Easements of Enjoyment in Common Area. Every Owner shall have a right and easement of use and enjoyment in and to the Common Area, including, but not limited to easements for pedestrian use, utility lines, pipes, wires and conduits, which shall be appurtenant to and shall pass with the title to each Lot, subject, however to the following:
(a) The provisions of this Declaration, and Architectural Committee Rules (as the same may from time to time be adopted and amended);
(b) The rights and easements granted and reserved as set forth elsewhere in this Article;
(c) The right of the Declarant to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility, tax assessing body, maintenance body or special district, for such purposes and subject to such conditions as may be agreed upon in Declarant's sole discretion.
(d) No Lot Owner shall have any interest whatsoever, real, personal, tangible or intangible, in the Golf Course, club house, tennis courts, pool or other recreational facilities. All such facilities and the real and personal property attendant thereto are exclusively owned by Essenjay and Associates and any successor or assign of Essenjay's choosing.
3.7 Easements to Benefit Golf Course.
(a) A permanent easement or easements are declared and reserved in favor of Essenjay and Associates, its successors and assigns over, under and across all and any portion of the Property where a private or public drive is contiguous with the Golf Course: i.e. "Parcel 7 and Cordova Club Drive (Future) (68' R/W)" as so described in "Final Plan for Phase II, The Cordova Club" recorded at Plat Book 133, Page 43 in the Register's Office of Shelby County, Tennessee. Such easement or easements shall be for the purpose of unrestricted ingress, egress and access by Essenjay and Associates, its successors, assigns, and designees, to and from those portions of the golf course immediately adjacent thereto and for water lines and irrigation machinery, their maintenance and repair. This easement shall be permanent and shall not be terminable by any party other than Essenjay and Associates or the then owner of the Golf Course.
(b) A permanent easement or easements are declared and reserved in favor of Essenjay and Associates, its successors and assigns over, under and across all and any portion of the Property for the purpose of installation, maintenance, and repair of utilities, drainage, and irrigation serving or intended to serve the Golf Course. In furtherance of such easements, the easement or easements shall include a right of ingress and egress of maintenance persons and their equipment, where necessary, for installation, inspection and repair purposes. No Dwelling Unit, structure, planting or other Improvements of any kind shall be built, erected or maintained upon a Lot which will damage or interfere with or change the direction of flow of drainage onto the Golf Course without the prior written approval of the then owner of the Golf Course. This easement shall be permanent and shall not be terminable by any party other than Essenjay and Associates or the then owner of the Golf Course.
3.8 Reciprocal Appurtenant Easements. Most Lots will be served by utilities and drainage facilities which are located on or under another Lot or Lots. Easements for the installation and maintenance of such utilities and drainage facilities are shown on the recorded plat or plats of the Property, and there are hereby created appurtenant easements for the use and benefit of the respective Lots served, as dominant tenements, on, under and across the Lots burdened thereby, as servient tenements, for ingress and egress of maintenance persons and their vehicles for inspection and repair purposes, and for utility and telephone lines, conduits or cables, sewer and drainage pipes, sprinkler systems, culverts, and utility meters. No Dwelling Unit, structure, planting or other Improvements of any kind shall be built, erected or maintained upon any such easement, reservation, or right-of-way which may damage or interfere with the installation and maintenance of utilities, or which may damage, interfere with or change the direction of flow of drainage facilities, and said easements, reservations and rights of way shall at all times be open and accessible to utilities, and to Declarant, its successors and assigns, all of whom shall have the right and privilege of doing whatever may be necessary in, under and upon such locations to carry out any of the purposes for which said easements, reservations, and rights-of-way are hereby granted.
3.9 Easements for Encroachments. Each Zero Lot-Line-Lot is hereby declared to have an easement over all adjoining Lots and the Common Area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of Improvements, or any other similar cause, including without limitation any encroachment due to building or balcony overhang or projection. There are further declared hereby valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachments; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of said Owner or Owners. In the event a structure on any Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots shall be permitted, and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. In no event shall said easement for encroachment be in excess of twelve (12) inches.
3.10 Appurtenant Easements. Each of the easements provided for in this Declaration shall be deemed to be established upon the recordation of this Declaration, and shall thenceforth be deemed to be covenants running with the land for the use and benefit of the Lots and the Common Area, as the case may be, superior to all other encumbrances applied against or in favor of any portion of the Property. In furtherance of the easements provided for in this Declaration, the individual grant deeds to Lots may, but shall not be required to, set forth said easements. Any conveyance of any such easement unaccompanied by a like conveyance of a corresponding interest in a Lot shall be void.
3.11 Utility and Drainage Easements. Notwithstanding anything herein expressly or impliedly to the contrary, all easements shall be subject to this Declaration and/or any validly executed and authorized supplements or amendments thereto recorded in the Register's Office of Shelby County, Tennessee.