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EXHIBIT D
<br />intentional exercise of such easements. Nothing herein shall be construed to make Declarant or
<br />any other person or entity liable for damage resulting from flood due to hurricanes, heavy
<br />rainfall, or other natural disasters.
<br />There is further reserved for the Declarant, the Association and/or their designees an
<br />easement for the over spray of herbicides, fungicides, pesticides, fertilizers, and water over
<br />portions of the Subdivision located adjacent to any landscape/open space reserves, greenbelts,
<br />canals, ponds, or other bodies of water.
<br />B.Easementsto Serve Additional Property
<br />The Declarant and Association and its duly authorized agents, representatives, and
<br />employees, as well as its designees, successors, assignees, licensees and mortgagees, shall have
<br />and there is hereby reserved an easement overthe Common Areas for the purposes of enjoyment,
<br />use, access and development of any annexed property, whether or not such Property is made
<br />subject to this Declaration. This easement includes but is not limited to a right of ingress and
<br />egress over the Common Areas for construction of roads and for tying in and installation of
<br />utilities on any annexed property.
<br />Declarant agrees that if an easement is exercised for permanent access to any annexed
<br />property and such property or any portion thereof is not madesubject to this Declaration, the
<br />Declarant, its successors, or assigns shall enter into a reasonable agreement with the Association
<br />to share the cost of maintenance to any access roadway serving the property. Such agreement
<br />shall provide for sharing of costs based on the ratio that the number of Dwellings or buildings on
<br />that portion of the property that is served by the easement and is not made subject to this
<br />Declaration bears to the total number of Dwellings and buildings within the Property.
<br />C.Utilities and General
<br />There are hereby reserved unto Declarant, so long as the Declarant owns any Property,
<br />the Association, and the designees of each (which may include, without limitation, HarrisCounty
<br />and any utilitycompanies) access and maintenance easements upon, across, over, and under all
<br />of the Property to the extent reasonably necessary for the purpose of replacing, repairing, and
<br />maintaining any or all of the following which may exist now or in the future: cable television
<br />systems, master television antenna systems, monitoring and similar systems, roads, walkways,
<br />bicycle pathways, wetlands, drainage systems, street lights, signage, and all utilities, including,
<br />but not limited to, water, sewers, meter boxes, telephone, gas, and electricity, and for the purpose
<br />of installing any of the foregoing on Property that Declarant owns or within easements
<br />designated for such purposes on recorded plats of the Property. Notwithstanding anything to the
<br />contrary herein, this easement shall not entitle the holders to construct or install any of the
<br />foregoing systems, facilities, or utilities over, under or through any existing Dwelling; any
<br />damage to a Homesite resulting from the exercise of this easement shall promptly be repaired by,
<br />and at the expense of, the person or entity exercising the easement. The exercise of this
<br />easement shall not unreasonably interfere with the use of any Homesite.
<br />Without limiting the generality of the foregoing, there are hereby reserved for the local
<br />water supplier, electric company, cable company and natural gas supplier easements across all
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<br />Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved.
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