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ARTICLE VII COMMON AREAS AND EASEMENTS 7.1 Common Areas. Common Areas in Blackthorn shall consist of all real and /or personal property which the Declarant and /or the Association owns or has an interest in for the common use of the members of the Association, including, but not limited to, landscape, entry features, drainage, landscape medians, security, safety, bicycle paths, roads, project lighting and recreational areas or any other use to which a majority of the membership of the Association may accede. Common Areas, as described and defined in Exhibit "D," will also include the strip of land between the outer edge of the curb and the edge of the right -of -way line along all Public Rights of Way. Improvements including, without limitations, Signs and landscaping will be designed and constructed by the Declarant at such time Declarant sees fit. Common Areas will be maintained by the Association, until such time as the adjacent property is developed. 7.2 Reservation of Landscape Easements. The Declarant hereby reserves unto itself, its successors, successors in interest and assigns a perpetual easement under, over, along, across and upon those areas of Blackthorn that is within thirty feet of all Public Rights -of -Way as Landscape Easement Areas for the purposes and uses which in the Declarant's sole judgment are reasonable in order to create and maintain such attractive landscape areas in furtherance of this Declaration. These said purposes and uses may include without limitation: entering upon, planting, locating, installing, replanting, relocating, reinstalling, maintaining, removing, treating, repairing, irrigating, fencing and husbanding all trees, hedges, shrubs, bushes, plantings, plants, grasses, flowers and other vegetation, as well as the installation and use of Bike Paths as stated in Section 8.4 herein. 7.2.1 Exclusive use by the Declarant of the Landscape Easement Areas is not hereby reserved. The Owner's right to use the Landscape Easement Areas is not hereby reserved. The Owner's right to use the Landscape Easement Areas for purposes not incompatible with their use for landscaping and for uses not incompatible with the other Covenants set forth in this Declaration is hereby granted. In the event of a conflict between the use of such areas for the purposes set forth in this Declaration and a different use by the Owner or Occupant of a Site, the use for the purposes set forth in this Declaration shall prevail. 17 Blackthorn Corporate Park - Covenants & Restrictions 2123112 draft