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Agenda - 05-02-2023; 5-c - Zoning Atlas Amendment – 4801 and 4901 Dairyland Road (PINs 9841-52-7281 9840-79-5091), Hillsborough, Bingham Township
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Agenda - 05-02-2023; 5-c - Zoning Atlas Amendment – 4801 and 4901 Dairyland Road (PINs 9841-52-7281 9840-79-5091), Hillsborough, Bingham Township
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4/27/2023 4:00:16 PM
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BOCC
Date
5/2/2023
Meeting Type
Business
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Agenda
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5-c
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107 <br /> easement for ingress, egress and access to enter upon or over the Common Areas and Maintenance <br /> Areas for the purposes of inspecting any construction,proposed construction, or Improvements or <br /> fulfilling the rights, duties and responsibilities of ownership, administration, maintenance and <br /> repair of Declarant or the Association, as applicable. Such easement includes an easement in favor <br /> of the Association and Declarant to enter upon the Common Areas and Maintenance Areas now <br /> or hereafter created to use, repair, maintain and replace the same for the purposes for which they <br /> are initially designated or for such purposes as they are hereafter redesignated or as Declarant <br /> otherwise determines them to be reasonably suited. Notwithstanding the foregoing, nothing <br /> contained herein shall be interpreted as imposing any obligation upon the Association or Declarant <br /> to maintain, repair, or construct Improvements which an Owner is required to maintain, construct <br /> or repair. <br /> Section 5. Easement for Encroachments <br /> . Declarant hereby reserves, for the benefit of itself, its successors in interest and assigns, and <br /> grants to the Association, the Owners, their successors and assigns, and to the Occupants of Lots, <br /> easements for encroachments, to the extent necessary, in the event any portion of the <br /> Improvements located on any portion of the Property now or hereafter encroaches upon any of the <br /> remaining portions of the Property as a result of minor inaccuracies in survey, construction or <br /> reconstruction,or due to settlement or movement. Any easement(s)for encroachment shall include <br /> an easement(s) for the maintenance and use of the encroaching Improvements in favor of <br /> Declarant, the Association, the Owners and all of their designees. <br /> Section 6. Maintenance Areas <br /> . Declarant hereby reserves, for the benefit of itself, its successors in interest and assigns, and <br /> grants to the Association, their successors and assigns, the following nonexclusive perpetual <br /> easements over certain areas of the Property as hereinafter described for the purposes hereinafter <br /> described: <br /> (1) Easements for the purposes of landscaping and maintaining entryways and erecting and <br /> maintaining entrance monument(s) for the Project, over, across and under those portions of the <br /> Property shown and designated as"Monument Easement"or other similar designation on the Plats <br /> and over, across and under those portions of property outside of the Property for which Declarant <br /> or the Association has secured monument signage and landscaping easements (herein referred to <br /> as the "Entrance Monument Signage and Landscaping Easements"). Declarant and/or the <br /> Association shall have the right to landscape and maintain the areas of the Property so designated <br /> as entryways to the Project,to erect and maintain entrance monument(s)thereon bearing the name <br /> of the Project, and to erect and maintain lighting for such monument(s), plantings, landscaping, <br /> irrigation systems and other improvements typically used for entryways. <br /> (2) Easements for the installation, maintenance, repair and removal of landscaping and <br /> landscaping amenities,including signage,lighting,monuments and irrigation systems,over,across <br /> and under those portions of the Property shown and designated as"Landscape Easements"or other <br /> similar designation on the Plats (herein referred to as "Landscape Easements"). <br /> 36 <br />
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