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2017.04.17 CC Packet
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2017.04.17 CC Packet
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6/25/2020 3:53:30 PM
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City Council
Document Type
Minutes
Meeting Date
4/17/2017
Meeting Type
Regular
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1.38 "Property" means all of the real property subjected to this Master Declaration, <br />now or in the future, including the Units and all other structures and improvements located <br />thereon. The Property is legally described in Exhibit A attached hereto. <br />1.39 "Unit" means a portion of a Neighborhood the boundaries of which are described <br />in the Neighborhood Declaration and which is intended for separate ownership, including (i) a <br />part of a Neighborhood consisting of a platted lot upon which a single Dwelling is located or <br />intended to be located, and (ii) a part of a Building within a Neighborhood containing one or <br />more Dwellings, the boundaries of which are shown on a recorded plat complying with Section <br />515B.2 -1101(c) of MCIOA. <br />Any capitalized terms used in the Master Governing Documents, and defined in MCIOA and not <br />in this Section, shall have the meaning set forth in MCIOA. References to Sections refer to <br />Sections of this Master Declaration unless otherwise indicated. References to the singular may <br />refer to the plural, and conversely, depending upon context. <br />SECTION 2 <br />PROPERTY <br />2.1 Property. The Property subject to this Master Declaration is described in <br />Exhibit A attached hereto, as amended from time to time. Those parts of the Property <br />constituting Master Common Elements are described in Exhibit B attached hereto, as amended <br />from time to time. The Master Common Elements are or will be owned by the Master <br />Association. The designation of any part of the Property as Master Common Elements does not <br />mean or imply a dedication of such Property to the public or that the public acquires any <br />ownership, easement, right of use or enjoyment, or right of access therein; except as expressly <br />provided in this Master Declaration or another recorded instrument granting such rights. <br />2.2 Annexation of Additional Property. The Master Developer may, but is not <br />obligated to, subject all or any part of the Additional Property described in Exhibit C to this <br />Master Declaration as part of the Property; provided, that such additions shall be coordinated <br />with the recording of the Neighborhood Governing Documents relating to any Neighborhood to <br />be located on the Additional Property being added. This right shall be exercised by the Master <br />Developer in accordance with the provisions of Section 13 of this Master Declaration. Any <br />property so annexed may be designated as Master Common Elements, or Units or other <br />Neighborhood Property. <br />2.3 Annexation of Other Property. In addition to the Additional Property, other real <br />property may be annexed to the Property and subjected to this Master Declaration subject to the <br />following requirements: (i) the parcel shall be owned by the Master Developer; (ii) the <br />annexation shall be approved by the Master Board; and (iii) an amendment to this Master <br />Declaration describing the annexation and the parcel being annexed, subjecting said parcel to this <br />Master Declaration, and reallocating Master Common Expense obligations, voting rights and <br />memberships, shall be executed by the Master Developer and the Master Association, consented <br />to by any Mortgagee of the annexed parcel, and recorded. Any property so annexed may be <br />designated as Master Common Elements, Units or other Neighborhood Property. <br />5 <br />2190398.v1 <br />
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