Instrument #2022025031 #62 Book:8196 Page:4833
Section 18.07. Cooperation.Each Owner,byjoinder to this Declaration or acceptance ofa deed conveying a Lot to the Owner or other conveyance thereof, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree with Declarant, to cooperate in, and support, and grant Declarant a limited power of attorney on such Owner's behalffor, any and all zoning, administrative, governmental and/or quasi-governmental filings, applications, requests, submissions and other actions deemed necessary, convenient or desirable by Declarant for development and/or improvement of the Property or adjacent property owned or controlled by Declarant, including, without limitation, signing any required easements, agreements, applications, subdivisions plats, etc., as the owner of any portion of the Property owned or controlled thereby when necessary or requested to do so by Declarant. Section 18.08. Easements. Should the intended creation of any easement provided for in this Declaration fail by reason ofthe fact that at the time ofcreation there may be no grantee in being having the capacity to take and hold such easement,then any such grant ofeasement deemed not to have been so created shall nevertheless be considered as having been granted directly to the Association as agent for such intended grantees for the purpose of allowing the original party or parties to whom the easements were originally intended to have been granted the benefit of such easement and the Owners hereby designate Declarant and the Association(or either ofthem)as their lawful attorney-in-fact to execute any instrument on such Owners' behalf as may hereafter be required or deemed necessary or convenient for the purpose of later creating such easement as it was intended to have been created herein. All parties using easements granted in this Declaration shall use reasonable efforts to minimize interference with all other permitted uses of the easements and the property subject thereto and shall restore any damage to such property caused in the exercise ofany rights granted in any such easement. Section 18.09. No Public Right or Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part ofthe Common Area to the public, or for any public use. Section 18.10. Constructive Notice and Acceptance. Every person who owns, occupies or acquires any right, title, estate or interest whatsoever in or to any Lot, shall be conclusively deemed to have consented and agreed to every limitation, restriction, easement, reservation, condition, lien and covenant contained in this Declaration, whether or not any reference hereto is contained in the instrument by which such person acquired such interest in such Lot. Section 18.11. Execution of Documents Required by the Local Government. Declarant's plan for the development of the Development may require from time to time the execution of certain documents required by the Local Government, including but not limited to the applicable plat. To the extent that said documents require thejoinder ofany or all Owners each ofsaid Owners,by virtue ofsaid Owner's joinder to this Declaration or acceptance of a deed to the Owner's Lot or other conveyance thereof, does irrevocably give and grant to Declarant, or any of its officers individually, full power of attorney to execute said documents as the Owner's agent and in the Owner's place and stead, and the Owners, by virtue of their acceptance of deeds, irrevocably nominate, constitute and appoint Declarant, through its duly authorized officers, as their proper and legal attorneys-in-fact, for such purpose. Said appointment is coupled with an interest and is therefore irrevocable. Any such documents executed pursuantto this Section may recite that it is made pursuant to this Section. Section 18.12. Construction. This Declaration may be amended without amending any of the other Governing Documents. The provisions ofthe Governing Documents shall be liberally construed so as to effectuate the purposes herein expressed with respect to the efficient operation of the Association and the community;to effectuate the purpose ofcreating a uniform plan for the operation ofthe Property; for the preservation of the value of the Property; and the protection of Declarant's rights, benefits, and
57
58771933;7
Made with FlippingBook - professional solution for displaying marketing and sales documents online