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7417
<br />0283 eornc'7417 PArE 2~3
<br />ARTICLE II
<br />COVENANTS, RESTRICTIONS, AND EA,SEIVIENTS
<br />UPON DEVELOPMENTS LANDS
<br />2.1 Grant of Easements upon Development Lands. Development has bargained, sold,
<br />and conveyed and, by these presents, does grant, bargain, sell, and convey unto the Trustee
<br />perpetual rights and easements over, upon, and through the Development Lands, as follows:
<br />(a) An easement for light spillage, glare, and encroachment upon the
<br />Development Lands from the Iigl-ting of athletic fields, outside coTUts, parking lots, and other
<br />facilities upon the Trust Lands as a result of or in connection with the use of the Trust Lands for
<br />Public Park Uses ("Light Encroachment"). The Light Encroachment shall include light
<br />emanating from standard athletic field lighting that complies with Illuminating Engineering
<br />Society of North America standards.
<br />(b) An easement for noise upon the Development Lands originating from the
<br />Trust Lands as a result of or in connection with the use of the Trust Lands for Public Park Uses,
<br />whether such noise results from public address systems, spectators, or participants ("Noise
<br />Encroachment").
<br />2.2 No Interference. Development covenants and agrees for itself and for all future
<br />owners of the Development Lands or any part of the Development Lands that the Trust Lands
<br />may be developed and used for Public Park Uses without interference from Development or
<br />other such owners, their respective tena~its, guests, licensees, permitees, heirs, successors and
<br />assigns.
<br />2.3 Release of Claims. Neither Development nor any other owner of the
<br />Development Lands or any part of the Development lands, now or in the future, shall have any
<br />cause, claim, or right of action against any person whatsoever arising out of or resulting from the
<br />use of the Trust Lands for Public Park Uses, the Light Encroachment, or the Noise
<br />Encroachment.
<br />2.4 Setback Restriction won Development Lands. Development, hereby declares
<br />that the Development Lands shall be held, transferred, sold, conveyed, and occupied subject to
<br />the restriction that no dwelling or other structure occupied as a dwelling maybe erected, built, or
<br />located upon the Development Lands within seventy-five (75) feet of the Trust Lands and no
<br />buildings of any kind may be erected, built, or located within twenty-five {25) feet of the Trust
<br />Lands. This restriction shall run with and bind the Development Lands until twenty (20) years
<br />after the last to die of Cabarrus County Commissioners, Robert W. Carruth, Jaai D. Tuba, Grace
<br />Mynatt, H. Jay White 5r., and Coy C. Privette and their respective spouses and descendants who
<br />are living on the date of this instrument.
<br />2.5 Binding Effect and Runs with t e Land. Development hereby declares that the
<br />Development Lands shall be held, transfen•ed, sold, conveyed, and occupied subject to the
<br />covenants, conditions, restrictions and easements set forth in this Article I1, which shall zttn with
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<br />.. Attachment number 2
<br />Page 329 of 362
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