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2.9 Easements for Entrance Signs and Monuments. There shall be exclusive easements over, under and across the Common Elements in favor of the Developer and the Association to erect and maintain entrance monuments, signs and related improvements identifying the Development. 2.10 Access Easement. Each Lot shall be the beneficiary of a perpetual appurtenant easement for access to a public street or highway on or across those portions of the Common Elements paved for use as streets or roads, subject to any restrictions set forth in the Governing Documents or the Rules and Regulations. i 2.11 Easement for Encroachments. The Association shall have an easement for encroachments now existing or later created through the location, operation or maintenance of the Street Lights upon the Lots, Common Elements or common area within the Development. Such easement shall continue for as long as the encroachment exists and shall not affect the marketability of title to any of the Lots or the Common Elements. 2.12 Easements are Appurtenant. All easements and similar rights burdening or benefitting a Lot or any other part of the Development shall be appurtenant thereto, and shall be permanent, subject only to termination in accordance with the terms of the easement or the Governing Documents. Any recorded easement benefitting or burdening the Development shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. 2.13 Impairment Prohibited. No Person shall materially restrict or impair any easement benefitting or burdening the Development, subject to the Declaration and the Association's right to impose reasonable Rules and Regulations governing the Development's use. 2.14 Shoreland. The Development does not include any shoreland, as defined in Minnesota Statutes Section 103F.205, as amended. ARTICLE 3 COMMON ELEMENTS 3.1 Ownership. The Association owns the Common Elements for the benefit of the Owners and Occupants. At Developer's option, Developer may deed any portion of the Development or any Additional Real Estate, if any, to the Association for use as Common Elements. 3.2 Use. The Common Elements shall be subject to appurtenant easements for services, public and private utilities, access, use and enjoyment in favor of each Lot and its Owners and Occupants as provided in this Declaration, subject to this Declaration's terms, the Association's right to establish reasonable Rules and Regulations governing the use of the Development and the Common Elements and PSeptenba[ S, 2006:02006 00 31 P:\DATA\19936\001\Deelacation.wpd etq 6