|
16
<br /> ARTICLE II
<br /> THE PROPERTY
<br /> Section 2.01 Initial Property. The Property shall consist of all of the Initial Property
<br /> as identified and described on the attached EXHIBIT A.
<br /> Section 2.02 Additional„Proper tr'. In addition to the Initial Property, the Property shall
<br /> also consist of such Additional Property as Declarant, in its sole discretion, shall at any time during the
<br /> Period of Declarant Control make subject to the provisions of this Declaration for the purpose of creating
<br /> additional Lots,Common Elements,Streets and/or Trails. Declarant hereby reserves the right at any time
<br /> or times during the Period of Declarant Control, in its sole discretion and without the consent of the
<br /> Members or the Association, to subject Additional Property to this Declaration by recording a
<br /> Supplemental Plat and a Supplemental Declaration in the office of the Register of Deeds of Orange
<br /> County, North Carolina. Unless otherwise expressly stated therein, each such Supplemental Plat and
<br /> Supplemental Declaration shall be effective as of the date and time it is recorded in the office of the
<br /> Register of Deeds of Orange County,North Carolina.
<br /> All Lots, Common Elements and/or Streets created pursuant to the provisions of this
<br /> Section shall be thereafter owned, held, leased, transferred, sold, mortgaged and/or conveyed by
<br /> Declarant, each Owner and/or the Association, as applicable, subject to all of the covenants,
<br /> conditions, restrictions, easements, liens, charges, assessments and equitable servitudes set forth
<br /> in this Declaration. Each Owner of a Lot created pursuant to this provisions of this Section shall
<br /> be a member of the Association and shall be subject to all of the covenants, conditions,
<br /> restrictions, easements, liens, charges, assessments and equitable servitudes set forth in this
<br /> Declaration.
<br /> ARTICLE III
<br /> EASEMENTS
<br /> Section 3.01 Temporary Access Easement. Subject to the covenants, conditions,
<br /> restrictions, limitations and other easements set forth in this Section and elsewhere in this
<br /> Declaration, Declarant hereby establishes, reserves and conveys, as applicable,for the benefit of(a)
<br /> Declarant and its members, managers, employees, contractors and agents during the Period of
<br /> Declarant Control, (b) each Owner and each such Owner's family members, tenants, guests,
<br /> contractors and invitees, and (c) the Association and its employees, contractors and agents, a non-
<br /> exclusive temporary access easement over, upon and across each Street for the purposes of
<br /> providing (i) vehicular and pedestrian ingress, egress and regress to and from
<br /> and each Lot and Common Elements, and to, from and between each Lot and
<br /> Common Elements; and (ii) access to and upon each Street for maintenance, repair and upkeep.
<br /> The easement herein established and conveyed shall terminate,with respect to each Street,upon the
<br /> acceptance of such Street for maintenance by the
<br /> Section 3.02 General Utility Easement. Subject to the covenants, conditions,
<br /> restrictions, limitations and other easements set forth in this Section and elsewhere in this
<br /> Declaration, Declarant hereby establishes, reserves and conveys,as applicable,for the benefit of(a)
<br /> Declarant and its members, managers, employees, contractors and agents during the Period of
<br /> Declarant Control,(b)the Association and its employees,contractors and agents,and(c)any public
<br /> or private utility and its employees, contractors and agents, a non-exclusive easement over, upon,
<br /> across and under each Lot and the Common Elements to the extent reasonably necessary for the
<br /> 6
<br />
|