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09/16/2014 - legal doc. on easement
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09/16/2014 - legal doc. on easement
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8/22/2023 3:50:14 PM
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2/12/2016 3:54:22 PM
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x Address Old
House Number
2490
Street Name
Carman
Street Type
Street
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2490 Carman Street
Document Type
Misc
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2011723120065
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portion so transferred or conveyed shall benefit, bind, and burden the remainder of the Parcel of <br /> which it was a part. <br /> (d) The Easement shall exist by virtue of this Declaration, without the necessity of <br /> confirmation by any other document. <br /> (e) This Declaration shall not be subject to the doctrine of inerger. <br /> (fl The headings herein are inserted only as a matter of convenience and for reference <br /> and in no way define,limit or describe the scope or intent of this document nor in any way affect the <br /> terms and provisions hereof. <br /> (g) Without limiting the generality of the terms of Section 5(j) below and any other <br /> provisions hereof that provide that the easements granted herein shall automatically run with the <br /> land, the rights and obligations of any party hereunder may be assigned in whole or in part to any <br /> person acquiring the entire interest of such Owner in its Parcel,or any portion thereof,including any <br /> further subdivision or lot reconfiguration thereof,or to one or more ground lessees or lessees as may <br /> be permitted under the terms of any ground lease of a Parcel,which rights and obligations shall be <br /> expressly assumed by such ground lessee or lessees for the term of the ground lease or other lease <br /> agreement between such Owner and such ground lessee or lessee. <br /> (h) Each reference herein to an exhibit refers to the applicable exhibit that is attached to <br /> this Declaration. All such exhibits constitute a part of this Declaration and by this reference are <br /> expressly made a part hereof. <br /> (i) Any person acquiring fee title to any of the Parcels or any portion thereof, shall be <br /> bound by this Declaration only as to the Parcel or portion of the Pazcel acquired by such person. In <br /> addition, such person shall be bound by this Declaration only during the period such person is the <br /> fee owner of such Parcel or portion of the Parcel;and,upon conveyance or transfer of the fee interest <br /> shall be released from liability hereunder,except as to the obligations,liabilities or responsibilities <br /> that accrue prior to such conveyance or transfer and during said period of ownership. Although <br /> persons may be released under this Paragraph, the easements, covenants and restrictions in this <br /> Declaration shall continue to be benefits to and servitudes upon said tracts running with the land. <br /> (j) The Benefited Properly and the Burdened Properly shall be transferred,held, sold, <br /> conveyed,and occupied subject to and together with the Easement granted herein. The Easement <br /> shall be binding upon all parties having any right, title, or interest in the Burdened Property, and <br /> their respective heirs, legal administrators, successors and assigns, including any ground lessee <br /> under a ground lease,and shall inure to the benefit of the Benefited Property and the Owner thereof, <br /> and its respective heirs, legal administrators, successors and assigns, including any ground lessee <br /> under a ground lease,and shall run with the land. Said easements,restrictions and obligations shall <br /> be unaffected by any change in the ownership of any property covered by this Declaration,except as <br /> specified herein. <br /> (k) In the event any provision or portion of this Declaration is held by any court of <br /> competent jurisdiction to be invalid or unenforceable, such holding will not affect the remainder <br /> �i�os�s <br /> 4 <br />
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