and structures shall not apply to the construction, alteration or additions made by a Declarant or an Approved Builder.

Article VII — Common Driveways

Section 1.   Obligation of Maintenance.

Purchasers of Common Driveway Lots automatically assume an obligation, as hereinafter provided, to maintain the pipestem driveway, which obligation is a condition of their ownership of the Lot and runs with the land.

Section 2.   Definitions.

(A)   "Common Driveway" or "Common Driveways" shall mean and refer to the area within i) the Ingress-Egress Easement shown on Parcel B and Lot 3 ("CD 1"), ii) the 50' Ingress-Egress Easement shown on Lot 6 ("CD 2"), iii) the 50' Ingress-Egress Easement shown on Lot 7 ("CD 3"), and iv) the 40' Ingress-Egress Easement shown on Lots 8 and 9 ("CD 4"), all as shown on the recorded plat of the Properties.

(B)   "Affected Lots" shall mean and refer to Lots 2 and 3, Parcel B and adjacent property acquired by Woolsey Associates, Inc., in Deed Book No. 1045, at page 58, of said County land records for CD 1; Lot 6 and adjacent property acquired by Declarant in Deed Book No. 1357, at page 1256, and in Deed Book No. 1377, at page 870, of said County land records for CD 2; Lot 7 and adjacent property acquired by Ahmad Moinami and M. A. Moienamin by deed recorded in Deed Book No. 1557, at page 916, of said County land records for CD 3; and, Lots 8 and 9 for CD 4.

(C)   "User" shall mean and refer to the Owner of a Lot or Parcel who is entitled to use a Common Driveway and actually utilizes the Common Driveway.

For CD 1, Lot 2 and Parcel B are Users; Lot 3 is not a User but may become a User if Owner of Lot 3 utilizes CD 1 for ingress-egress to such Owner's residence; and, Woolsey Associates, Inc., is not a User so long as it has no right to utilize CD 1 to access its property.

For CD 2, Lot 6 is a User if this Owner utilizes CD 2 for ingress-egress to such Owner's residence; and, Raymond C.

Original scan of page 54
‹ Page 53 Page 55 ›