6C(3) Resolution No. 2859 - Laserfiche WebLink

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offices of the South Bend Department of Community and Economic Development, Suite 1200 S, 227 W. Jefferson Blvd., South Bend IN 46601, or at such other place as Declarant, from time to time and at any time, may designate in writing. Except as expressly provided in this Subsection, no pictorial representation, legal description, other description, construction, installation, or use shall be deemed to limit, define, or specify any Declared Easement. (b) Perpetual and Permanent Easements. Except as provided in this Declaration to the contrary, all Declared Easements (subject to the limitation thereof by Declared Easements becoming Defined Easements) shall be perpetual and permanent. Each appurtenant Declared Easement, and the benefits thereof, shall: (i) run with the land benefited by the appurtenant Declared Easement; and (ii) inure to the benefit of Declarant and the Owners of the benefited Parcels, to all other Parties in Interest as to such Parcels. Each Declared Easement in gross, and the benefits thereof, shall inure to the benefit of Declarant and the Successor. Each appurtenant Declared Easement and Declared Easement in gross, and the burdens thereof, shall: (i) run with and bind the land burdened by such appurtenant Declared Easement or Declared Easement in gross; and (ii) bind the Owners of the burdened Parcels and all other Parties in Interest as to such Parcels. (c) Instruments of Conveyance. Each instrument that conveys, grants, transfers, creates, assigns, or mortgages any interest in a Parcel that is benefited by a Declared Easement or that is burdened by a Declared Easement (the "Instrument(s) of Conveyance ") shall be deemed: (i) (unless the Instrument of Conveyance expressly states otherwise) to assign, as an appurtenance to the interest in the Parcel, the right to the nonexclusive use and benefit of the Declared Easement(s) that benefit(s) the Parcel (regardless of whether the Instrument of Conveyance expressly assigns that right); and (ii) to impose, as a limitation or restriction upon the interest, the burden of the Declared Easement(s) that burden the Parcel (regardless of whether the Instrument of Conveyance expressly imposes such limitation or restriction). In no event shall any party except Declarant and the Successor be deemed to be the holder or beneficiary of any Declared Easement in gross, or any right or interest therein. Notwithstanding anything to the contrary set forth herein, after the conveyance, grant, or transfer of fee simple title to a Parcel or the Owner that conveyed, granted, or transferred fee simple title to that Parcel (the "Grantor Owner ") shall have no further liability for obligations that first arise hereunder after the date of such conveyance, grant, or transfer (the "Conveyance Date "); provided that: (i) the Grantor Owner shall remain liable for all obligations that first arose hereunder before the Conveyance Date; and (ii) the Owner to which fee simple title to that Parcel was conveyed, granted, or transferred (the "Grantee Owner ") shall be liable for all obligations that first arose or that first arise hereunder after the Conveyance Date. Section 9. Development of the Proiect. The period of developing the Project (the "Development Period ") shall be deemed to be complete when Declarant executes and records an instrument in the Office of the Recorder of St. Joseph County, Indiana, stating that the Development Period is completed (the "Completion Statement ") or when all of the following conditions occur: (i) The construction, erection, and installation of all buildings and Surface Improvements in and on the Project are completed; (ii) All Parcels are engaged fully in their permanent uses; -7-