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delivery service, sanitary sewer service, natural gas service, public electrical power service, public
<br />telephone service, and other communications and utility services to (and from) each Parcel from (and
<br />to) public utility easements, (collectively, the "Utility Systems) "); (ii) providing a system for water
<br />delivery service for irrigation and fire protection for the entirety of the Project (the "Irrigation System ");
<br />and (iii) further developing the Project and the Adjacent Real Estate. The Utility Systems and Irrigation
<br />System shall include all equipment, fixtures, and facilities used in connection with the Utility and
<br />Irrigation Easements, such as mains, pipes, lines, valves, meters, lift stations, and other utility and
<br />irrigation facilities. All of the Utility and Irrigation Easements shall be subject to subsequent limitation
<br />as provided in Sections 7 and 8 of this Article I, and to the Owner Covenants.
<br />Section 3. Drainage Easements. Declarant hereby declares, creates, makes and
<br />reserves the following surface and storm water drainage easements (the "Drainage Easements "): (a)
<br />temporary construction easements in favor of Declarant for the purpose of constructing and installing
<br />the Drainage System (as hereafter defined); (b) perpetual and nonexclusive mutual easements
<br />appurtenant to the Parcels for the benefit of the Parcels, Declarant, the Owners, and all other Parties in
<br />Interest; and (c) easements in gross in favor of Declarant; each of which easements shall be in, on,
<br />under, over, above, across, and through the entirety of the Real Estate, The Drainage Easements, and
<br />all rights in and to the Drainage Easements, are declared, created, made, and reserved for the purposes
<br />of: (i) providing a system of surface and storm water drainage for the entirety of the Project (the
<br />"Drainage System "); and (ii) further developing the Project and the Adjacent Real Estate.
<br />Notwithstanding anything herein to the contrary, the temporary construction easements referenced in
<br />subsection 3(a) above shall be limited to the immediate area in which a Drainage System is being
<br />constructed and /or installed. The Drainage System shall include all equipment, fixtures, and facilities
<br />used in connection with the Drainage Easements, such as detention ponds, retention areas, ditches,
<br />tiles, pipes and lines, pumps, pump stations, sprinklers, wells, and other drainage facilities. All of the
<br />Drainage Easements shall be subject to subsequent limitation as provided in Sections 7 and 8 of this
<br />Article I, and to the Owner Covenants.
<br />Section 4. Sign Easement. Declarant hereby declares, creates, makes, and reserves a
<br />sign easement (the "Sign Easement ") in, on, under, over, above, across, and through the entirety of the
<br />Real Estate. The Sign Easement and all rights in and to the Sign Easement are declared, created, made,
<br />and reserved for the purposes of installing, erecting, and providing landscaping and signs with one or
<br />more panels (the "Signs ") that identify and /or advertise the Project, certain of the Owners and certain
<br />of the occupants and tenants of buildings in the Project (collectively, the "Tenants "); provided that the
<br />reservation herein of the Sign Easement shall not be deemed to impose upon Declarant any obligation
<br />to erect, install, or provide any landscaping or Sign, or otherwise to exercise any of the rights herein
<br />reserved to Declarant. Declarant shall have the absolute and exclusive right, in its sole discretion, to
<br />determine, designate, and dictate which Owners and Tenants from time to time may use panels on the
<br />Sign (the "Sign Users "). The Sign Easement shall be appurtenant to the Parcels owned or occupied by
<br />the Sign Users (the "Sign User Parcels "), and shall be deemed to be granted for the benefit of the Sign
<br />User Parcels and the Sign Users, from time to time. The Sign Easement shall be subject to subsequent
<br />limitation as provided in Sections 7 and 8 of this Article I, and to the Owner Covenants.
<br />Section S. Project Common Parking Easement. Declarant hereby declares, creates,
<br />makes and reserves a parking easement (the "Project Common Parking Easement ") in, under, over,
<br />above, across and through those portions of the Real Estate developed for parking. The Project
<br />Common Parking Easement and all rights in and to the Project Common Parking Easement are declared,
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