Instrument #2022025031 #23 Book:8196 Page:4794
necessary, convenient, or desirable for the completion, marketing, use and enjoyment ofthe Property;(ii) the right to cut trees, bushes or shrubbery, make any gradings of the soil, and take any similar action reasonably necessary to provide economical and safe utility and drainage installation or to maintain reasonable standards of health, convenience, safety and appearance;(iii)the right to locate thereon wells, pumping stations, lift stations and irrigation systems and lines; (iv) easements of ingress, egress and access for purposes of development,construction and marketing ofthe Property; and(v)such other rights as may be reasonably necessary, convenient or desirable to complete in an orderly and economic manner the development and sale of the Property including, without limitation, the maintenance of temporary signage and trailers used in such development and sales efforts; provided, however, that said reservation and right shall not be considered an obligation of Declarant to provide or maintain any such easements, utilities, equipment,improvements or services. Declarant also reserves the right to connect with and make use ofthe utility lines and drainage improvements which may from time to time be in or along the Streets or within the Common Area or any easements as shown on any Recorded Plats or as otherwise properly established. The easements and rights-of-way herein reserved:(y)shall continue in existence in favor of Declarant after conveyance of the Common Area to the Association or dedication to the Local Government or appropriate Governmental Authority until such time as Declarant has sold all Lots in the Property; and(z)shall continue in favor ofDeclarant until such time as any lands separately developed by Declarant and located adjacent to the Property have been conveyed to unrelated third-parties; provided, however,that such unrelated third-party is not a Builder, contractor or other party who purchases or hold the title to property for the purpose ofconstructing a Dwelling thereon for resale. (b) Declarant also reserves a perpetual right and easement,at its sole election and from time to time, to irrigate the Common Area with treated effluent from a wastewater treatment facility, if any. The benefit of this reservation shall inure to Declarant and its specifically designated successors and/or assigns, but not in favor of any other Owner,and shall remain in effect whether or not Declarant owns any Lots in or lands adjacent to the Property. Section 4.06. Delegation. Any Owner (including Declarant) may grant the benefit of any easement,right or privilege to tenants and guests for the duration oftheir tenancies or visits, but the same shall not be construed to create any rights in the general public or any other party. Section 4.07. Reservation for Corrections. The conveyance of the Common Area to the Association or other entity(ies) shall be subject to the right of Declarant from time to time to correct errors in the legal description or other errors contained in the instrument of conveyance to any Owner, which right is reserved to Declarant. In the event that any such error is discovered after the conveyance of the subject Common Area, then the Association shall upon request of Declarant or any Owner so affected execute a quitclaim deed to the Lot held by said Owner, which quitclaim deed shall contain a correct legal description. If required to vest marketable title (without regard to the fact that the Common Area is held by a homeowners association) in the Association, said Owner will execute a quitclaim deed to any portion of the Common Area which may have been erroneously included within the legal description in the instrument of conveyance of such Owner's Lot. In addition to any other remedy available to the parties or any Owner,the provisions ofthis Section 4.07 shall be enforceable by specific performance or other equitable remedy. Section 4.08. MSTU/MSBU. Declarant or the Local Government may establish a municipal service taxing unit, municipal service benefit unit, or similar mechanism (referred to in this Declaration as "MSTU/MSBU"), which MSTUs/MSBUs will have responsibilities established in their enabling resolutions. By way ofexample,and not limitation, an MSTU/MSBU may established to provide for any one or more of the following: (a) operation, management, administration, maintenance, repair, and replacement by the Local Government of any of the Common Area, and any recreational, drainage or other improvements whatsoever at any time located thereon, for the uses and purposes set forth in this
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58771933;7
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