RESTRICTIVE COVENANTS: The above-described property (the "Resort Lot") is affected and controlled by the restrictive covenants and land-use limitations hereinafter set forth and listed (hereinafter referred to collectively as the "Restrictive Covenants"), which are being hereby established and imposed upon the above-described property, and are more specifically established and set forth as follows:
1. The exterior of any residential dwelling installed, constructed or otherwise located on the above-described property, or any authorized lot partitioned and subdivided therefrom (i.e., no subdivided lot shall be less than 2.00 acres), must be completed within one (1) year, as measured immediately following the first day that construction of the residential dwelling has commenced, except where such completion is delayed due to casualty loss or natural disaster, under which circumstances maximum, additional time of six (6) months shall be permitted for completion; provided, however, that a total period of time to complete construction (including casualty and natural disaster delays) shall not, as measured immediately following the first day that construction of the residential dwelling commenced. Construction must be based on a rustic design of stone, masonry, wood or a combination of the foregoing exteriors. Developers must approve building plans. Time is of the essence of this Restrictive Covenant.
2. No residential dwelling shall be erected or maintained on the above-described property, or any authorized lot partitioned and subdivided therefrom (i.e., no subdivided lot shall be less than 2.00 acres), unless there is constructed with it a septic system for the disposal of sewage, which has been approved by the appropriate local and/or state authorities, as required by law. No outside toilet or bathroom facility shall be permitted. All construction and excavation arising out of the installation of these residential dwellings and authorized outbuildings, as well as all subsequent improvements of said residential dwellings, and including all landscaping of Resort lots, shall be performed or caused to be performed with minimal, necessary disturbance to ground topography and with minimal, necessary environmental impact to the natural surroundings.
3. There shall be no trailers, mobile homes, modular homes, double-wide mobile homes, or any derivative of the foregoing, allowed or located on a Resort lot at any time or for any reason, either temporarily or permanently. Buses, tents, recreational vehicles (RV’s), habitable boats, horse trailers with sleeping quarters or other vehicles and travel campers, although permitted on a Resort lot and allowed to be used and resided in on a temporary basis as a travel, vacation or transportation destination stop, shall not, at any time, be used as "permanent" or "extended" living quarters or residence while located on a Resort lot.
4. No livestock, sheep, swine or poultry shall be kept or maintained on a Resort lot. Household or domesticated pets, such as dogs and cats, are permitted so long as they are not kept or maintained for breeding or commercial purposes. No domestic pet shall be permitted to run at large outside the boundaries of an owner’s Resort lot so as to become a disturbance or nuisance to the other Resort lot owners, or permitted to chase, threaten or endanger existing natural wildlife. For purposes of preserving a reasonable and aesthetic degree of foliage and to prevent over-grazing surface erosion, no more than two (2) horse or pony shall be permitted to be fenced, grazed, maintained or kept in an open area of the Resort lot per one (1) acre of surface area of land, as contained within the owner’s Resort lot; provided, however, nothing in this Covenant shall be construed or serve to limit the number of horses or ponies per acre maintained by the Resort lot owner which are maintained within roof-covered stable facilities located on the Resort lot. No trapping, hunting or discharging of firearms shall be permitted on a Resort lot.
5. The above-described property (including any authorized subdivided tracts there from), shall not, at any time, be operated for the retail, wholesale or other commercial use of a grocery store, restaurant, convenience store or any other facility or business engaging in the sale or exchange of food, groceries, deli products, prepared food items or any other food products. Further, no other business, business facility or operation, or any other public, commercial, manufacturing or otherwise, shall, at any time, be maintained, established, advertised from, conducted, operated or permitted on the above-described property, or any authorized lot partitioned and subdivided therefrom (i.e., no subdivided lot shall be less than 2.00 acres), excepting and excluding the following business and commercial enterprises, all of which, as hereinafter listed, shall be expressly and specifically authorized to be conducted and operated on the above-described property (or any authorized subdivided tract therefrom), as follows: Commercial and business enterprises and operations involving or pertaining to (1) horses, horseback-riding, stable operations and all other equestrian activities, (2) canoe, rafting, hiking activities, motorized and non-motorized biking, and the business activities relating to the sales, repair, promotion and "tripping" services regarding the same, and (3) rental of residential dwellings and facilities which are built and/or installed under the specifications required in these Restrictive Covenants, for "bed and breakfast" use, residential use or otherwise.
6. Each owner of the above-described property, or any authorized lot partitioned and subdivided therefrom (i.e., no subdivided lot shall be less than 2.00 acres), shall keep their respective property in a neat, orderly and sanitary condition, and shall not cause or allow trash, garbage, refuse, rubbish or unsightly objects to be stored, placed or located on said property. No junked, abandoned, inoperative or unlicensed vehicles, nor any scrap metal, inoperative or junked equipment or machinery, nor parts or derivatives of any of the foregoing, shall be stored, placed or located on the above-described property (or any authorized subdivided tract therefrom).
7. No form of activity whether by sight, sound, smell or otherwise, shall be conducted, or allowed to be conducted on the above-described property, or any authorized lot partitioned and subdivided therefrom (i.e., no subdivided lot shall be less than 2.00 acres), that shall constitute an unreasonable or unpleasant annoyance, danger or disturbance, or otherwise become a private or public nuisance to other adjoining or nearby owners, or otherwise adversely affect the peaceful, safe and quiet enjoyment of other adjoining or nearby owners. The above-described property may be partitioned and subdivided into smaller lots or tracts; provided, however, that no subdivided tract(s) shall be less than two (2) acres in total surveyed surface area, and all partitioned and subdivided lots shall be controlled by these Restrictive Covenants.
8. No barb-wired, electric or wire-strand fencing shall be permitted along the boundary that adjoins or is parallel with the Burnt Mill Bridge Road; any fences erected on said Burnt Mill Bridge Road boundary side shall be made only of painted wood or synthetic-wood materials and in a style that, in the sole and controlling discretion of the Developer, aesthetically compliments the property.
9. These Restrictive Covenants shall affect, control and run with the above-described property, and all tracts and lots which are authorized to be subdivided therefrom, for a period of fifty (50) years from the date of public recordation of this deed in the Office of the Scott County Register, and shall thereafter, automatically and successively renew in ten (10) year increments. These Restrictive Covenants may (at the enforcing party’s discretionary right and option) be unconditionally enforceable at any time, by process at law, equity, injunction and/or specific performance, and by any interested party, which shall be defined by and included without limitation (a) the original grantor-developer creating these Restrictive Covenants or its successors, transferees or assigns and/or (b)any other owner(s) of real property ,whose source of the title and land ownership derives from the vesting deed recorded in Deed Book 260 Page 430 in the Office of the Scott County Register, with all of the foregoing, along with their heirs, successors, transferees and assigns, having continuous and perpetual legal standing and discretionary right (but not the obligation) to seek such singular and/or cumulative remedies in the enforcement of these Restrictive Covenants. The Developers shall not under any cirumstances, have any obligation whatsoever to any owner of real property deriving from the vesting conveyance in Deed Book 260 Page 430 to enforce these Restrictive Covenants, although they have the discretionary right and option to do so. Any owner(s) of Property determined or adjudicated by any court of competent jurisdiction to be intentional, non–intentional, inadvertent, partial and/or whole violation of any one or more of these Restrictive Covenants, shall strictly indemnify and be liable for all attorney’s fees, discovery and litigation expenses, filing fees and court costs incurred by the party(s) seeking enforcement of these Restrictive Covenants. These Restrictive Covenants are severable in their enforcement and validity; that is in the event any portion of these Restrictive Covenants is adjudicated to be invalid or unenforceable at law, then the remainder and rest of these Restrictive Covenants shall remain in full legal force and effect.
The drafters of this deed, by virtue of its preparation, make no representations whatsoever regarding the status of title, encroachments, acreage, easements or other access, or the accuracy of the boundary calls for the real property described herein; this instrument was prepared solely from the directions, metes and bounds description and/or other information provided by the grantors and grantees named in this deed.