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201706687
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Last modified
12/9/2019 6:11:16 PM
Creation date
10/3/2017 2:00:57 PM
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DEEDS
Inst Number
201706687
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7 <br />201706687 <br />in any way with the free flow of pedestrian and vehicular traffic over the Access Roads, except to the <br />extent necessary for reasonable repair and maintenance, traffic regulation and control, and to prevent <br />a dedication thereof or the accrual of any prescriptive rights to any person therein; and <br />(c) The access and egress points as shown on the Site Plan and the drive lanes <br />shown on Exhibit B may be relocated by the Declarant at any time so long as the relocated Access <br />Road affords reasonably equivalent access. <br />Section 3.3 Easements for Utility Facilities. Declarant hereby establishes and grants <br />for the benefit of the Land perpetual easements on the Parcels, except within the Permissible <br />Building Area, as shown on the Site Plan, for the installation, use, operation, maintenance, repair, <br />replacement, relocation and removal of Common Utility Facilities and Separate Utility Facilities <br />serving the Mall. <br />All Separate Utility Facilities installed in an Outparcel, whether installed under this Section 3.3 <br />or otherwise, and all Common Utility Facilities, shall be underground, if reasonably possible. <br />Declarant shall be responsible for the installation, maintenance, repair and removal at <br />Declarant's cost of all Separate Utility Facilities installed by Declarant pursuant to the easement <br />grant, as well as for all Separate Utility Facilities installed by Declarant on the Land. All such <br />installation, maintenance, repair and removal shall be performed in a manner that causes as little <br />disturbance to the Outparcel(s) as may be practicable under the circumstances and any and all <br />portions of the surface area of the Outparcel(s) which may have been excavated, damaged or <br />otherwise disturbed as a result of such work shall be restored, at the sole cost and expense of <br />Declarant, to essentially the same condition as existed prior to the commencement of any such work. <br />Declarant shall defend, indemnify and hold the other Owners harmless from and against any <br />and all liens, losses, liabilities, costs or expenses (including reasonable attorney's fees), incurred in <br />connection with Declarant's use of the Separate Utility Facilities easements under this Section 3.3, <br />except to the extent occasioned by any other Owner's negligent or wrongful act or omission to act. <br />Section 3.4 Self -Help Easements. Declarant reserve unto itself an easement and <br />license to enter upon any Parcel or Outparcel for the purpose of exercising its cure rights <br />provided under Article VI of this Declaration. <br />Section 3.5 Easements to Public Utilities. Any grant or other conveyance of an <br />easement to a public utility by an Owner shall, without necessity of further recital in the <br />
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