Not withstanding anything to the contrary contained in this Declaration, Declarant expressly reserves unto:

(a)

Itself, its employees, successors and assigns, agents, representatives, contractors and their subcontractors and employees, easements and right-of-ways on, over and across all or any part of the streets for vehicular and pedestrian ingress to and from any part of the Property, or any adjacent real property owned by Declarant, or its successors or assigns;

(b)

Itself, its employees, successors and assigned, and its agents, representatives, contractors and their subcontractors and employees (including any district, company, unit of local government, association or other entity providing water, sewer, gas, oil, electricity, telephone, cable television, or other similar services), easements, access and rights-of-way on, over, under and across all or part of the Common Area and utility easements, on, over, under all Lots and Common Areas as provided on any recorded subdivision plat of the Property for installation, use, maintenance and repair of all lines, wires, pipes, pumps, water well, facilities, and other things necessary for all such services, provided that any installation, maintenance or repair of such lines, wires or pipes shall be preformed with reasonable care and that the surface of said easement area shall be restored to the level and condition that existed prior to the doing of work; and

(c)

Itself, its employees, agents, representatives, contractors and their subcontractors and employees, and its successors and assigns, the right to use the Common Area and Common Facilities, where applicable, to facilitate and complete the development of the Property, and any Annexed Property, including without limitation the use of the Common Area and Common Facilities, where applicable, for

(i)

Construction, excavation, grading, landscaping, parking and/or storage;

(ii)

Maintenance and operation of a sales office and model unites for sales purposes;

(iii)

The showing to potential purchasers of any unsold Lot, unit or improvements within the Project;

(iv)

Display of signs to aid in the sale of any unsold Lots and units, or all or part of the Project;

(v)

Construction, operation and maintenance of all or any portion of any Common Area or Common Facilities by Declarant, its successors or assigns;

(d)

Itself, its employees, agents, representatives, contractors and their subcontractors and employees, and its successors and assigns, all water rights over, upon or under or appurtenant to the Property, or any portion thereof, and a nonexclusive easement twelve (12) feet wide, inside the boundary of each Lot and the Common Area adjacent to the righ-of-way and along the rear boundary of each Lot for construction of a pressurized pipe irrigation system to be conveyed to and operated by the Nampa & Meridian Irrigation District. Surface water for irrigation appurtenant to each phase of development of the Property will be conveyed to the Association as each plat is recorded.