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4-3-24 PB Agenda Packet
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4-3-24 PB Agenda Packet
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4/3/2024
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Regular Meeting
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Agenda
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4_3_24 Planning Board Minutes
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\Advisory Boards and Commissions - Active\Orange County Planning Board\Minutes\2024
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94 <br /> ARTICLE XII <br /> RESERVED DECLARANT RIGHTS <br /> Section 12.01 Reserved Declarant Rights. Notwithstanding any provision contained in this <br /> Declaration to the contrary, Declarant and its members, managers, employees, contractors and agents shall <br /> not be restricted or prevented by this Declaration from doing, and Declarant and its members, managers, <br /> employees, contractors and agents shall have the right to do such things and to take such actions as they <br /> may deem necessary, advisable or convenient to complete the development of the Property as a residential <br /> planned community consistent with applicable permits, approvals, ordinances, regulations, statutes and <br /> laws, and/or effect the sale or other disposition of Lots. The rights reserved by Declarant, for itself and its <br /> members, managers, employees, contractors and agents, shall include, without limitation, and without the <br /> requirement of approval or consent by or from the Members or the Association, the rights to: <br /> (a) expand the Property to include Additional Property, including any Lot(s) and/or <br /> Common Elements subdivided therefrom,as provided in Section 2.02; <br /> (b) subdivide, re-configure, combine, re-combine, consolidate, remove, add and/or <br /> renumber any Lot(s) and/or Common Elements, or any combination thereof, and record any Supplemental <br /> Plat and/or Supplemental Declaration necessary to effect same; <br /> (c) construct or install any Building and/or Improvement upon any Common <br /> Elements; <br /> (d) convey utilities easements over and across any Lot, Common Elements or other <br /> part of the Property; <br /> (e) construct each Street and make an offer of dedication of any such Street to the <br /> North Carolina Department of Transportation or any municipality having jurisdiction; <br /> (f) maintain and/or authorize the maintenance of such sales office(s), management <br /> office(s), signs advertising the Community and/or model homes upon any Lot(s)and/or Common Elements <br /> as Declarant may deem necessary,advisable or convenient; <br /> (g) elect, appoint and/or remove any officer of the Association and/or any member <br /> of the Board of Directors; <br /> (h) elect, appoint and/or remove any member of the Architectural Control <br /> Committee; <br /> (i) amend,modify and/or supplement this Declaration for any purpose by recording <br /> a Supplement Declaration; <br /> 0) veto any amendment, modification and/or supplement of or to this Declaration <br /> proposed by the Members and/or the Association;and <br /> (k) exercise any and all other development rights, special declarant rights and/or <br /> other rights permitted by the Act. <br /> Each of the rights reserved by Declarant in this Section or elsewhere in this Declaration shall exist <br /> from and after the date on which this Declaration is recorded in the office of the Register of Deeds of <br /> Orange County, North Carolina, and, unless sooner waived or released by Declarant pursuant to a written <br /> Release of Reserved Declarant Rights executed by Declarant and recorded in the office of the Register of <br /> Deeds of Orange County, North Carolina, until the date of expiration or termination of the Period of <br /> Declarant Control. <br /> 19 <br />
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