Orange County NC Website
090 <br /> and use of .electricity, telephone equipment, gas, water, sewer, water <br /> drainage and other public conveniences or utilities on, in or over twenty <br /> (20) feet of each lot along all property lines, including the Common <br /> Properties, provided, however, that the easements shall be thirty (3U) <br /> feet along all exterior subdivision lines. These easements and rights <br /> expressly include the right to cut any trees, bushes, or shrubbery, and <br /> bury lot debris, make any grading of the soil, or to take any other <br /> similar action reasonably necessary to maintain reasonable standards of <br /> health, safety and appearance. <br /> 15. In keeping with the intention of the developer to create an <br /> equestrian community with observance of good environmental practices, the <br /> number of horses pastured and belonging to a certain lot shall be limited <br /> to one horse per 1/2 acre of lot area. All equestrian matters shall be <br /> subject to the jurisdiction of the County authorities. <br /> 16. No single lot may be subdivided by purchaser so as to create two <br /> or more building lots from the original; purchaser may erect a structure <br /> on two or more lots with the provision that multiple lots are to be <br /> considered as one lot for the purpose of set back lines. <br /> 17. The covenants and restrictions of the Declaration shall run with <br /> and bind the land, and shall inure to the benefit of and be enforceable by <br /> all parties to this Declaration, their respective legal representatives, <br /> heirs, successors, and assigns, for a term of thirty (30) years from the <br /> date this Declaration is recorded, after which time said Covenants shall <br /> be automatically extended for successive periods of ten (10) ye-ars except <br /> they may be altered, amended or revoked in whole or in part by written <br /> agreement of the record owner(s) of at least 2/3 of the platted lots. <br /> 18. Any notice required to be sent to any owner under the provisions <br /> of this Declaration shall be deemed to have been properly sent and notice <br /> thereby given, when mailed, postpaid, to the last known address of the <br /> person who appears as owner. Notice to one of two or more co-owners of a <br /> lot shall constitute notice to all co-owners. <br /> 19. Minor violations of set back lines and square footage of less <br /> than 5% shall not be cause for corrective action by other record owners. <br /> 20. Enforcement of covenants and restrictions shall be by any <br /> preceeding at law or in equity against any person or persons violating or <br /> attempting to violate or circumvent any covenant or restriction, either to <br /> restrain violation or to recover damages; and failure by any party hereto <br /> to enforce any covenants or restrictions herein contained for any period <br /> of time shall in no event be deemed a waiver or estoppel of the right to <br /> enforce any or all restrictions thereafter. <br /> 21. Should any covenants or restrictions herein contained, or any <br /> sentence, clause, phrase or term of this Declaration be declared to be <br /> void, invalid, illegal or unenforceable, for any reason, by the <br /> adjudication of any court or other tribunal having jurisdiction over the <br /> parties hereto and the subject matter hereof, such judgment shall in no <br /> wise affect the other provisions hereof which are hereby declared to be <br /> severable and which shall remain in full force and effect. In addition, <br /> if there is any contradiction between these restrictions and any <br /> governmental ordinances, laws or regulations of a Federal, State or local <br /> agency, the latter shall prevail. <br />