|
7417
<br />0284 ~pp1c~4~7 DACE. 264
<br />the Development Lands'and be binding on all parties owning any right, title, or interest in the
<br />Development Lands or any part thereof, their heirs, successors, and assigns, and shall inure to the
<br />benefit of the Trustee and all parties owning any right, title, or interest in the Trust Lands or any
<br />part thereof, their heirs, successors, and assigns.
<br />2.6 Enforcement. The Trustee or any owner of the Trust Lands -shall have the right to
<br />enforce, by any proceeding at law or in equity, all easements, restrictions, conditions, covenants,
<br />and reservations now or hereafter granted or imposed by the provisions of this instrument.
<br />Failure to enforoe any covenant or restriction herein contained shall in no avant be deemed a
<br />waiver of the right to do so thereafter. ,
<br />ARTICLE III
<br />COVENANTS AND RESTRICTIONS
<br />UPON TRUST LANDS
<br />3.1 Setback Restriction upon Trust Lands. Trustee, hereby declares that the Trust
<br />Lands shall be held, transferred, sold, conveyed, and occupied subject to the restriction that no
<br />athletic &elds, courts for tennis, basketball, etc., lighting structures for such playing fields and
<br />courts, concession stands, or seating for spectators shall be located upon the Trust Lands within
<br />seventy-five (75) feet of the Development Lands. However, it is expressly understood that the
<br />area within this setback maybe used for passive recreational purposes, such as walking, running,
<br />jogging, biking, other similar activities, and may be developed with trails and other facilities for
<br />those uses, including suitable convenience and security lighting. This restriction shall run with
<br />and bind the Trust Lands until the earlier of (a) the Trust Lands are no longer being used for
<br />Public Park Uses or !(b) twenty (20) years after the last to die of Cabarrus County
<br />Commissioners, Robert W. Carruth, Joni D. Juba, Grace Mynatt, H. Jay White Sr., and Coy C.
<br />Privette and their respective spouses and descendants who are living on the date of this
<br />instrument.
<br />3.2 Binding effect and Rpns with the Land. Tmstee hereby dealares that the Trust
<br />Lands shall be held, trrnsferred, sold, conveyed, and occupied subject to said restrictions set
<br />forth in this Article III; which shall run with the Trust Lands and be binding on all parties
<br />owning any right, title, 4r interest in the Trust Lands or any part thereof, their hairs, successors,
<br />and assigns, and shall iqure to the benefit of the Development and all parties owning any right,
<br />title, or interest in the Trust Lands or any part thereof, their heirs, successors, and assigns.
<br />3.3 Enfor Development or any owner of the Development Lands or any part
<br />thereof shall have the fight to enforce said restriction by a proceeding in equity. Failure to
<br />enforce said restriction ~lrall in no event be deemed a waiver of the right to do so thereafter.
<br />4
<br />G -°~
<br />
|