Instrument #2022025031#22 Book:8196 Page:4793
Declarant reserves the right in its sole discretion to designate any initial or additional Limited Common Areas and assign the exclusive use thereof in Supplemental Declaration(s), the deed conveying the Common Area to the Association, or on the Recorded Plat relating to such Common Area; provided, any such assignment shall not preclude the Declarant from later assigning use of the same Limited Common Area to additional Lots, so long as the Turnover Meeting has not occurred. Any matter arising under this Declaration and pertaining to the Limited Common Area and requiring a vote of Members, shall be decided by a vote of only those Members that have been identified by Declarant as being authorized and entitled to utilize and realize the benefits ofthe Limited Common Area. The Association may adopt Rules and Regulations which govern, among other things, the use of the Limited Common Area. Prior to the Turnover Meeting, the Declarant, shall have the right in its sole discretion to convey additional real estate, improved or unimproved and/or personal property as additional Limited Common Area which conveyance or dedication to the Association shall be accepted by the Association and thereafter shall(except as may otherwise be set forth herein)be maintained by the Association as Limited Common Expenses.
Section 4.04. Extent of Easements. The rights and easements created in this Article IV shall be governed by the following:
(a) Subject to any rights of Declarant and the Owners set forth in this Declaration, except as to any part of the Common Area that is required to be conveyed to Local Government, the Association shall be responsible for the exclusive operation, management, administration, control, maintenance,repairing,replacing and insuring ofthe Common Area; (b) Declarant, until conveyance offee-simple title to the Association,and the Association thereafter, may reserve unto itself or grant or dedicate (subject to the terms of Article XIII hereof)to Declarant, Builder, any Owner, any Governmental Authority and/or to any utility companies, easements and rights-of-way, over, under, in or through the Property, prior to recordation of the applicable Recorded Plat, and thereafter through the Common Area for installation, use, maintenance, repair, replacement, and inspection ofutility lines and appurtenances for public or private utilities, surface water drainage improvements and areas, or for completion of the development of the Property. No improvements or materials may be placed upon any such easements which may damage or interfere with the installation, maintenance, repairing or replacement of such utilities or the easement area or that may alter or impede the direction or flow ofdrainage, or that may interfere with completion ofdevelopment of the Property;
(c) Declarant's rights reserved in this Declaration;
(d) Matters shown in the Public Records or on any Recorded Plats; and
(e) Applicable Laws.
Section 4.05. Additional Easements over Common Area.
(a) Declarant hereby creates, reserves and declares to exist, the following licenses, rights, privileges and easements over, under, in and through the Common Area, subject at all times to the terms and conditions of the Permit and subject to receiving prior written approval of the District as to any activities that may affect or may occur on or within the Stormwater Management System and the Conservation Easement Area, including, but not limited to, any upland buffers:(i)rights- of-way and easements to install, maintain and use electric, lighting,telecommunications,cable television, telephone, gas, water, sewer, drainage and utility poles, wires, cables, conduits, fixtures, pipes, meters, equipment, facilities, ponds, swales, berms or ditches, and such other equipment and improvements
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58771933;7
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