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R-1987-22
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R-1987-22
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Last modified
11/2/2016 3:48:34 PM
Creation date
7/28/2006 8:58:11 AM
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Legislative Records
Legislative Type
Resolution
Legislative No.
R-1987-22
Date
11/23/1987
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<br />~ ~~ rr{ ~ ~""--"~ ~ ~ <br />~ J., ~.....:.J o...c.c........ 1,,7 1-l2.e.....J.... <-~ <br />r t- wL..Jt' ~ c,..,.':"s. l( Il-Vlo1 CI? R <br />The Restricted Property shall remain in (J(,f./ IJI::JLJ/~? <br />State during the term of this Declaration and no use of <br />the Restricted Property shall be permitted which, in any <br />way, alters the Natural State thereof other than Nature <br />Trails. Wi thout limiting the generality of the <br />foregoing, no motorized or wheeled vehicles of any kind <br />shall be permitted on the Restricted Property. <br /> <br /> <br /> <br />The Restricted Property shall be held, sold, transferred, <br />conveyed, and occupied subject to the covenants and restrictions <br />created and set forth in this Declaration. <br /> <br />2.02 Enforcement. The covenants and restrictions created in <br />this Declaration shall be covenants running with the title to the <br />Restricted Property and be binding upon and enforceable against <br />each purchaser, grantee, owner, or lessee of all or any portion <br />of the Restricted Property and the respective heirs, executors, <br />administrators, designees, successors, and assigns of any such <br />purchaser, grantee, owner, or lessee. The covenants and <br />restrictions created in this Declaration shall inure to the <br />benefit of each Benefitted Owner; any Benefitted Owner shall have <br />the right, but not the obligation, to enforce the covenants and <br />restrictions created in this Declaration1 and the benefit of and <br />right to enforce such covenants and restrictions shall run with <br />the title to the Adjacent Property. <br /> <br />A breach of any of the covenants and restr ictions of <br />this Declaration shall give to any party entitled to enforce such <br />covenants and restrictions the right to bring a proceeding at law <br />or in equity against the party or parties breaching or attempting <br />to breach such covenants or restrictions and to enjoin such party <br />or parties from so doing, or to cause such breach to be remedied, <br />or to recover damages resulting from such breach. <br /> <br />In any legal or equitable proceeding or proceedings for <br />the enforcement of the covenants and restr ictions contained in <br />this Declaration or to restrain a breach thereof, the party or <br />parties against whom judgment is entered shall pay the attorneys' <br />fees and costs of the party or parties for whom judgment is <br />entered in such amount as may be fixed by the Court in such <br />proceeding or proceedings. <br /> <br />All remedies provided under this Declaration, including <br />those at law or in equity, shall be cumulative and not exclusive. <br /> <br />The failure of a party having aright to enforce the <br />covenants and restrictions contained in this Declaration to so do <br />shall not be deemed a waiver of the right of any other party <br />having such right, nor a waiver to do so for a subsequent breach, <br />of the right to enforce any other provision of this <br /> <br />-3- <br />
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