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CC&R ARTICLE 16: ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES
Section Index

16.1 Annexation and Withdrawal by Declarant

Although not obligated to do so, Declarant reserves the right to develop as single family residential subdivisions additional lands that would be in addition to and are nearby the land described in Exhibit A ("Additional Lands") Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Project without the assent of the members of the Association, PROVIDED, however, that the annexation of Additional Lands described in this Article shall be adjacent to the then existing Project Such Additional Lands shall be deemed "adjacent" to the existing Project even if separated there from by land which (i) is owned by Declarant, the Association or the Lot Owners as tenants in common; or (n) is owned by or dedicated to the public or a governmental agency or instrumentality, or (in) is available for the use or benefit of the Association or Lot Owners by easement or otherwise, or (iv) is a public or private street, path, bicycle path, railroad track or other improvement or easement for public transportation or utility service Although not obligated to do so, Declarant reserves the right to discontinue development of and withdraw from the Project any unplatted land within the Project, including any Additional Lands previously annexed, or any Subsequent Phase Property, without the assent of the members of the Association.

16.2 Development in Phases

The Declarant intends to develop the Project in phases Any liens that arise in connection with the Declarant's ownership of or construction of improvements on the Subsequent Phase Property shall attach only to the Declarant's interest in any Lots owned by the Declarant and shall not adversely affect the rights of other Lot Owners or the priority of Mortgages on the Lots All taxes and costs relating to improvements on the Subsequent Phase Property before the Lots therein have been platted shall be paid by or allocated to the Declarant.

16.3 Non-Declarant Annexations

Annexation of Additional Lands other than Declarant annexations provided for in Section 16.1 hereof shall require the assent of the Owners, Mortgagees and Declarant as provided in Section 14.1.

16.4 Common Areas Within Additional Lands

Common Areas within any Additional Lands subsequently annexed to the existing Project shall be available for the common use of all Owners of Lots within the existing Project as well as within such subsequently annexed Additional Lands. Likewise, Common Areas within the existing Project shall be available for the common use of all Owners of Lots within such subsequently annexed Additional Lands as well as within the existing Project.