Orange County NC Website
80 <br /> ARTICLE H <br /> THE PROPERTY <br /> Section 2.01 Initial Property. The Property shall consist of the Initial Property as identified <br /> and described on the attached EXHIBIT A. <br /> Section 2.02 Additional Property. In addition to the Initial Property,the Property shall also consist <br /> of such Additional Property,if any,as Declarant,in its sole discretion,shall at any time during the Period of Declarant <br /> Control make subject to the provisions of this Declaration for the purpose of creating additional Lots, Common <br /> Elements and/or Streets. Declarant hereby reserves the right at any time or times during the Period of Declarant <br /> Control, in its sole discretion and without the consent of the Members or the Association, to subject Additional <br /> Property to this Declaration by recording a Supplemental Plat and a Supplemental Declaration in the office of the <br /> Register of Deeds of Orange County, North Carolina. Unless otherwise expressly stated therein, each such <br /> Supplemental Plat and Supplemental Declaration shall be effective as of the date and time it is recorded in the office of <br /> the Register of Deeds of Orange County,North Carolina. <br /> All Lots, Common Elements and/or Streets created pursuant to the provisions of this Section shall <br /> be thereafter owned, held, leased,transferred, sold,mortgaged and/or conveyed by Declarant, each Owner <br /> and/or the Association, as applicable, subject to all of the covenants, conditions, restrictions, easements, <br /> liens, charges, assessments and equitable servitudes set forth in this Declaration. Each Owner of a Lot <br /> created pursuant to the provisions of this Section shall be a member of the Association and shall be subject <br /> to all of the covenants, conditions, restrictions, easements, liens, charges, assessments and equitable <br /> servitudes set forth in this Declaration. <br /> ARTICLE III <br /> EASEMENTS <br /> Section 3.01 Temporary Access Easement. Subject to the covenants, conditions,restrictions, <br /> limitations and other easements set forth in this Section and elsewhere in this Declaration, Declarant hereby <br /> establishes,reserves and conveys, as applicable, for the benefit of(a) Declarant and its members,managers, <br /> employees, contractors and agents during the Period of Declarant Control, (b) each Owner and each such <br /> Owner's family members,tenants,guests,contractors and invitees,and(c)the Association and its employees, <br /> contractors and agents, a non-exclusive temporary access easement over,upon and across each Street for the <br /> purposes of providing (i) vehicular and pedestrian ingress, egress and regress to and from Lawrence Road <br /> (S.R. 1561)and each Lot and Common Elements,and to,from and between each Lot and Common Elements; <br /> and(ii)access to and upon each Street for maintenance,repair and upkeep. The easement herein established <br /> and conveyed shall terminate,with respect to each Street,upon the acceptance of such Street for maintenance <br /> by the North Carolina Department of Transportation or a municipality having jurisdiction. <br /> Section 3.02 General Utility Easement. Subject to the covenants, conditions, restrictions, <br /> limitations and other easements set forth in this Section and elsewhere in this Declaration, Declarant hereby <br /> establishes,reserves and conveys, as applicable, for the benefit of(a) Declarant and its members, managers, <br /> employees, contractors and agents during the Period of Declarant Control, (b) the Association and its <br /> employees, contractors and agents, and (c) any public or private utility and its employees, contractors and <br /> agents, a non-exclusive easement over, upon, across and under each Lot and the Common Elements to the <br /> extent reasonably necessary for the purposes of constructing, installing, maintaining, repairing and/or <br /> replacing any storm water drainage line,natural gas line,cable communication transmission,telephone and/or <br /> electric power cable and/or equipment, and/or any other public or private utility pipe, line, cable, equipment <br /> and/or facility servicing any Lot,Common Elements and/or other part of the Property. <br /> Section 3.03 Emergency Services Access Easement. Subject to the covenants, conditions, <br /> restrictions, limitations and other easements set forth in this Section and elsewhere in this Declaration, <br /> Declarant hereby establishes and conveys, as applicable, for the benefit of any private, county, municipal, <br /> state or federal emergency services agency and/or personnel, including, without limitation, any law <br /> enforcement, fire, ambulance, medical and/or rescue service and/or personnel, a non-exclusive access <br /> easement over, upon and across the Common Elements for the purpose of providing such vehicular and/or <br /> 5 <br />