RESTRICTIONS AND PROTECTIVE COVENANTS
Whereas, the land described on this plat is wholly and totally unrestricted as to use and occupancy, the undersigned owner, for the mutual benefits and enjoyment of the prospective purchasers of the tracts shown on this plat, desire to place the following restrictions and protective covenants on this subdivision; and to this end and purpose, the following restrictions are hereby imposed, to wit:
1. USES: No use or activity may be conducted in this subdivision except those of a residential or recreational nature.
2. RECREATIONAL USE herein is construed to mean; use for a cabin, a second home, a mobile camper, camping, hunting, fishing, all out of door sports and athletics, provided restriction number of 12 below is not violated.
3. BUILDINGS in this subdivision are to be constructed so as not to distract from the natural surroundings. All buildings are to be completed, as to the exterior construction within two years from date construction is started.
4. MOBILE HOMES, house trailers, or camp trailers to be used as recreational dwellings must be covered within 2 years of placement in this subdivision so as not to distract from the natural surroundings.
5. SUBDIVIDING – no tract of land in this subdivision may be subdivided into tracts of less than 2 ½ acres in size. No more than one residence or recreational dwelling will be permitted to remain per each 2 ½ acres so subdivided.
6. OCCUPANCY is restricted to no more than 4 residence or recreational dwellings per 10 acres.
7. LIQUID WASTE within this subdivision must be disposed of by use of a septic tank of not less than 750 gallon, and a drain field, or leach field, of not less than 50 liniel feet 2 feet deep, bedded on gravel 3 feet wide and 1 foot deep. Should the individual use of property in this subdivision warrant a septic tank or drain field of greater capacity or an aeration septic tank system, in order to pass inspection or approval by proper governing authority, the property owner must comply.
8. SOLID WASTE of all nature within this subdivision must be buried or hauled away and deposited in an appropriate, acceptable, and authorized depository for same. This restriction is to be carried out by each purchaser at his own expense and as often as necessary so as not to permit solid waste to distract from the natural surroundings.
9. PRIVATE WELLS located within this subdivision must be located a minimum of 100’ from any septic tank or drain field.
10. PUBLIC ROAD right-of-ways are also utility right of ways. Also, there is a 20’ utility easement around the entire perimeter of this subdivision.
11. ROAD MAINTENANCE, other than blading once a year, if need, by developer (undersigned owner), is to be at the expense of the property owners. At no time is the county of Valencia to be required to maintain the roads in this subdivision unless the Board of County Commissioners elect to do so.
12. NOXIOUS OR OFFENSIVE; No noxious or offensive activity shall be carried on upon any tract nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Also no motor vehicle in an inoperative condition may be stored or repaired outside of a building on any tract within the subdivision.
13. TIME LIMIT OF THE COVENANTS: These covenants are to run with the land and shall be binding on all purchasers of the tracts described herein, or any part thereof, and all persons claiming under or through such purchasers, their heirs, executors, administrators, successors, and assigns, until May 1, 1994, at which time said covenants shall be automatically extended for successive periods of ten years unless by a vote of the majority of the then Owners of the lots in said tracts agree to change said restrictive covenants in whole or in part. If any purchaser or purchasers, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall then be lawfull for any other person or persons owning any real property situated in said subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and to either prevent him or them from so doing, or to recover damages or other relief from him or them for such violations.
14. INVALIDATION: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force
and effect.
IN WITNESS WHEREOF, the said owner has hereunto affixed his hand and seal this 7th day of Jan, 1974.
TIERRA VERDE INVESTORS
BY:
Willian N. Campbell
General Partner