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Agenda - 08-27-2012 - C1
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Agenda - 08-27-2012 - C1
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1/14/2016 11:22:05 AM
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8/21/2012 4:16:31 PM
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BOCC
Date
8/27/2012
Meeting Type
Public Hearing
Document Type
Agenda
Agenda Item
C1
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Minutes 08-27-2012
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\Board of County Commissioners\Minutes - Approved\2010's\2012
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Q. "Property" or "Properties" shall mean and refer to the "Existing Property" described in <br /> Exhibit A to the Declaration and any additional property annexed into the Association <br /> pursuant to the terms and provisions of the Declaration. <br /> R. "Street" shall mean and refer to any street, road, drive, highway or other thoroughfare as <br /> shown on any recorded map or plat of the Properties. <br /> S. "Subdivision"shall mean and refer to the KEENELAND MANOR SUBDIVISION located to <br /> the south of Stagecoach Road between Farrington Road and North Carolina Highway 751, <br /> near the City of Durham, Triangle Township, County of Durham, State of North Carolina, <br /> together with any additions thereunto annexed by the Declarant pursuant to the terms and <br /> provisions of the Declaration. <br /> ARTICLE II <br /> SUBJECTING ADDITIONAL PROPERTY TO THE DECLARATION <br /> A. Additions to the Properties by Declarant. The Declarant shall have the right to annex into and <br /> bring within the scheme of the Declaration additional properties which are located within any <br /> phase of KEENELAND MANOR SUBDIVISION,or any other property which is contiguous <br /> at any point with the Property or any additions to the Property. A public road,railroad, utility <br /> right-of-way, or buffer dividing two properties shall not be deemed to deprive them of <br /> contiguity. <br /> B. Method of Making Additions(Annexation). Additions to the Property shall be made by filing <br /> for record in the Office of the Register of Deeds of Durham County, North Carolina a <br /> Supplemental Declaration of Covenants, Conditions and Restrictions (the "Supplemental <br /> Declaration") with respect to the additional property, which said Supplemental Declaration <br /> shall describe the property being annexed. Such Supplemental Declaration(s) may contain <br /> such additions and modifications of Article VIII of the Declaration as may, in the sole <br /> discretion of Declarant, be necessary to reflect the different character of the added properties. <br /> In no event, however, shall such Supplemental Declaration(s) revoke, modify or add to the <br /> Restrictions established by the Declaration with respect to the Properties already subject to the <br /> Declaration, except to grant the Owners of Lots then subject to the Declaration limited rights <br /> with respect to such additional properties (changes to assessments brought about by such <br /> addition shall be deemed not to be a revocation,modification or addition of the Restrictions). <br /> C. Future Additions of Common Areas. Future Common Areas may be added to the scheme of <br /> the Declaration and included within the Properties subject to the jurisdiction of the <br /> Association, although there is no obligation to do so, and no representations are made with <br /> • respect to any such additions. Such Future Common Areas will be deeded to the Association <br /> by Declarant. • <br /> D. Additions by Others. So long as Declarant is a Class B Member, additions may be made by <br /> any other Owner who, with the approval of the Declarant and the Board of directors, which <br /> approval may be withheld in their sole discretion,desires to add such property located within <br /> the boundaries of the Subdivision to the scheme of the Declaration and to subject it to the <br /> jurisdiction of the Association. When Declarant ceases to be a Class B Member, such <br /> additions may be made upon approval by two-thirds(2/3) majority vote of the Members who <br /> are entitled to vote. Such approval by the Declarant, Board of Directors and, if required, the <br /> Membership,shall be evidenced by a certified copy of a resolution of approval recorded in the <br /> Office of the Register of Deeds of Durham County,North Carolina. <br /> 4 <br />
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