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6B (1)
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03-27-12 Packet
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6B (1)
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11/1/2012 10:43:39 AM
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7.2.2 The Declarant for itself, its successors, successors in interest and <br />assigns expressly reserves the right to assign all or any of the <br />easements hereby created and all its right, title and interest therein <br />to any third party including without limitation the City, other public <br />authorities or the Association. No such assignment or the <br />acceptance thereof will extinguish, limit or modify the easements <br />hereby created unless expressly so stated in such instrument. <br />7.2.3 All the provisions of these easement reservations, including the <br />benefits and burdens, run with the land and are binding upon and <br />shall inure to the benefit of the successors, successors in interest, <br />assigns, heirs, tenants, and personal representatives of the <br />Owners and Occupants from time to time of Blackthorn. <br />7.2.4 The rule of strict construction does not apply to the easement <br />reservations herein above set forth. Such reservations shall be <br />given a reasonable construction so that the intention of the <br />Declarant as set forth in Article II of the Declaration is carried out. <br />7.3 Reservation of Conservation Easements. In furtherance of Article 11 <br />herein, the Declarant may reserve unto itself, its successors, successors in <br />interest and assigns a perpetual easement under, over, along, across and <br />upon certain areas of Blackthorn to be known as Conservation Easement <br />Areas for the exclusive purpose and use of conserving portions of <br />Blackthorn in its pre - development, natural state and to further the intent of <br />this Declaration. It is the intent of these Conservation Easement Areas to <br />preserve certain unique natural systems located within Blackthorn. <br />7.3.1 Upon review of the plans and specifications for proposed <br />improvements, the Committee may decide to reserve no more than <br />ten percent (10 %) of the area of a Lot as a Conservation <br />Easement. The Conservation Easement will be included in the <br />calculation as part of the Open Space requirement as described in <br />the Guidelines. An Owner may reserve for the Declarant, as much <br />as twenty -five percent (25 %) of the Owner's Lot as a Conservation <br />Easement, upon approval of the Committee. <br />7.3.2 No alterations, modifications, or changes, including without <br />limitation; planting, locating, installing, removing, treating, repairing, <br />irrigating, may be made to any natural system found in such <br />Conservation Easement, nor shall any man -made Improvement be <br />built, constructed, erected or suffered within the boundaries of such <br />Conservation Easement, nor shall the Owner, its representatives, <br />successors, successors in interest and assigns, or employees, or <br />18 Blackthorn Corporate Park - Covenants & Restrictions 2123112 draft <br />
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