Agenda - 08-27-2012 - C1 - Laserfiche WebLink

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