No. 2317 approving an amendment to the Declaration of Protective and Restrictive Covenants of the Blackthorn Corporate Center and Blackthorn Center Development Guidelines

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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 judgement 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 8.3 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. 7.2.2 The Declarant for itself, its successors, successors in interest and assigns expressly reserves the right to assign all or any of the easements hereby created and all its right, title and interest therein to any third party including without limitation the City, other public authorities or the Association. No such assignment or the acceptance thereof will extinguish, limit or modify the easements hereby created unless expressly so stated in such instrument. 7.2.3 All the provisions of these easement reservations, including the benefits and burdens, run with the land and are binding upon and shall inure to the benefit of the successors, successors in interest, assigns, heirs, tenants, and personal representatives of the Owners and Occupants from time to time of Blackthorn. 7.2.4 The rule of strict construction does not apply to the easement reservations herein above set forth. Such reservations shall be given a reasonable construction so that the intention of the Declarant as set 15 Blackthorn Corporate Park Covenants and Restrictions 5/30101