The Declarant further reserves unto itself a non-exclusive easement over Common Driveways 1, 2 and 3 as defined in Section 2(A) of Article VII for the purpose of ingress and egress to and from the adjacent lands of the Declarant until such time as such lands are subdivided and provided with public access, provided, however, the exercise of such easement shall not interfere with the use and enjoyment of such Common Driveways by the Users of such Common Driveways.
The easements reserved by the Declarant in Sections 1 through 6 of this Article X may be exercised by the Declarant, its successors and assigns, and may be granted by the Declarant to any other person or entity, including without limitation, any governmental body, authority or utility company.
The easements reserved by the Declarant in Sections 1, 2, 3 and 4 of this Article X shall terminate upon the conveyance by Declarant of all of the Lots in Section 1 of the Properties; provided, however, Declarant's rights in Section 4 shall terminate only upon the completion of the permanent entrance features contemplated therein and the Association's assumption of responsibility therefor.
The Declarant hereby assigns to the Association, to the extent permitted by law, any and all condemnation award(s) paid or to be paid to the Declarant or the Association which are directly attributable to or in connection with the condemnation of any portion of the Common Area or any improvements thereon or any of the easements created hereby. Such assignment shall be effective upon completion of the condemnation proceedings and receipt of such condemnation award.
In the event of condemnation of all or any portion of the Common Area, or any of the easements created hereby, the Declarant, on behalf of the Association, shall have the right to negotiate, settle and compromise any such condemnation claim and/or to contest such taking, and any and all condemnation awards received shall be held by the Association and used to repair, restore or replace the condemned property, to the extent practicable, or if not practicable, as determined by the Board of Directors.
Each Owner by acceptance of his deed to a Lot within the Properties, does hereby constitute and appoint Raymond C. Hawkins Construction Co., Inc., his
