200008032 - Laserfiche WebLink

Browse

Page 2. 200008032 a. Water Well Exception, The only use which shall be permitted on the Parcel shall be for a well for purposes of providing water to a residence on Lot 29. The placement of the well shall be provided for and approved by the Board of Directors, or their designated committee, of the AAE Homeowners Association. Except for use as a well site for the benefit of Lot 29, no other use of the Parcel by the owners of Lot 29 is intended, nor shall any additional uses be permitted without the written permission of the owners of Lot 30. 2. Landscaping and Maintenance of Parcel. It shall be the obligation of the Owner of Lot 30, and all subsequent purchasers, assigns, and holders of Lot 30, to now and forever more be responsible for all landscaping and maintenance of the Parcel. If the owner of Lot 29 should need to replace or perform maintenance of the well located on the Parcel, then the owner of Lot 29 shall bear all costs of professionally repairing and/or replacing all landscaping including, but not limited to grass lawns, bushes, and trees. All costs of maintaining any well or well system on the Parcel, which shall be for the sole benefit and use of Lot 29, shall be the expense of the owner of Lot 29, and not Lot 30. The Owner, or any subsequent owners of Lot 30 may restrict access to anyone including the owners of Lot 29, except for the right of reasonable access as may be needed to service and maintain a well located on the Parcel for the benefit of Lot 29. 3. Building Setbacks. In addition to this scenic easement, the Owner further reserves a ten (10) foot setback along the southern line of the Parcel as shown in Exhibit "A ". No current or future owners of Lot 29, unless they have the written permission of the owner of Lot 30, shall build or place a dwelling or any other structure in, on, or within the limits of the ten (10) feet setback area shown on Exhibit A. The setback requirement of this easement from the easement Parcel shall have the same meaning, force, and effect as the setback requirements concerning lot lines as set forth in the restrictive covenants for the Amick Acres East Subdivision. 4. Real Estate Proper Taxes. The owner of Lot 29, shall be responsible for all real estate property taxes that may be assessed against the Parcel. For purposes of tax assessment, the Parcel shall forever be included and remain a part of Lot 29. 5. Resolution of Disputes. Should any dispute arise between the current or any future owners of Lots 29 and 30 over the use of the Parcel or interpretation of this easement, then such disputes shall be put to arbitration before the Board of Directors of the Amick Acres East Homeowners Association, or its successor association(s). All decisions by the Board, or its designated committee, shall be final and binding on the owners of both Lots 29 and 30. However, under no circumstances may the Board, or its designated committee make any decision which would result in the following: a. Allow construction of either an above, or below ground structure on the Parcel by either the owner of Lot 29, or Lot 30, or; b. Disallow or restrict the use of the Parcel for placement of a water well for the benefit of Lot 29.