72.1 Exclusive use by the Declarant of the Landscape Easement Areas is not hereby
<br />reserved. The Owner's right to use the Landscape Easement Areas for purposes
<br />not incompatible with their use for landscaping and for uses not incompatible with
<br />the other Covenants set forth in this Declaration is hereby granted. In the event
<br />of a conflict between the use of such areas for the purposes set forth in this
<br />Declaration and a different use by the Owner or Occupant of a Site, the use for
<br />the purposes set forth in this Declaration shall prevail.
<br />72.2 The Declarant for itself, its successors, successors in interest and assigns
<br />expressly reserves the right to assign all or any of the easements hereby created
<br />and all its right, title and interest therein to any third party including without
<br />limitation the City, other public authorities or the Association. No such
<br />assignment or the acceptance thereof will extinguish, limit or modify the
<br />easements hereby created unless expressly so stated in such instrument.
<br />7.2.3 All the provisions of these easement reservations, including the benefits and
<br />burdens, run with the land and are binding upon and shall inure to the benefit of
<br />the successors, successors in interest, assigns, heirs, tenants, and personal
<br />representatives of the Owners and Occupants from time to time of Blackthom.
<br />72.4 The rule of strict construction does not apply to the easement reservations herein
<br />above set forth. Such reservations shall be given a reasonable construction so
<br />that the intention of the Declarant as set forth in Article 11 of the Declaration is
<br />carried out.
<br />73 Reservation of Conservation Easements. In furtherance of Article II herein, the Declarant
<br />may reserve unto itself, its successors, successors in interest and assigns a perpetual
<br />easement under, over, along, across and upon certain areas of Blackthom to be known as
<br />Conservation Easement Areas for the exclusive purpose and use of conserving portions
<br />of Blackthom in it's pre - development, natural state and to further the intent of this
<br />Declaration. It is the intent of these Conservation Easement Areas to preserve certain
<br />unique natural systems located within Blackthom.
<br />7.3.1 Upon review of the plans and specifications for proposed improvements, the
<br />Committee may decide to reserve no more than ten percent (10 %) of the area of
<br />a Lot as a Conservation Easement. The Conservation Easement will be included
<br />in the calculation as part of the Open Space requirement as described in the
<br />Guidelines. An Owner may reserve for the Declarant, as much as twenty -five
<br />(25 %) of the Owner's Lot as Conservation Easement, upon approval of the
<br />Committee.
<br />7.3.2 No alterations, modifications, or changes, including without limitation; planting,
<br />locating, installing, removing, treating, repairing, irrigating, may be made to any
<br />natural system found in such Conservation Easement, nor shall any man -made
<br />Improvement be built, constructed, erected or suffered within the boundaries of
<br />such Conservation Easement, nor shall the Owner, its representatives,
<br />successors, successors in interest and assigns, or employees, or the Declarant,
<br />the Association, their representatives, successors, successors in interest and
<br />assigns, or employees, attempt to mow, prune, irrigate, scythe or otherwise or
<br />artificially maintain the natural systems found in such Conservation Easement
<br />without prior written approval of the Committee.
<br />14 Blackthorn Corporate Center - Covenants & Restrictions 411193
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