Declaraion of Covenants, Conditions, Restrictions-2005

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WHEREAS,Exhibit B is a survey of portions of the Floyd Property,the Brooks Property,the Boathouse Parcel,and surrounding Iand depicting the relationship of the parcels;Exhibit B-1 depicts the details of the Boathouse Parcel and the shed, fences and dock thereon and further depicts the details of the Brooks Property, with the dock and canopy thereon; and i � WHEREAS,the Floyds intend to encumber the Floyd Property by creating ceriain covenants, conditions and restrictions on the Floyd Property for the benefit of the Brooks Property, as ; hereinafter set forth. , I NOW,THEREFORE,in the interest of protecting property values,the Floyds hereby declare that the Floyd Property shall be occupied, held, sold and conveyed snbject to and together with the � covenants, conditions and restrictions hereinafter created, which covenants, conditions and � restrictions shall run with the Floyd Property as appurtenant thereto, for the bene6t of the Brooks � i Property as appurtenant thereto, and shall be binding upon and inure to the benefit of all parties � i i having arzy right,title or interest in the Floyd Property and the Brooks Property,or any part thereof, their respeciive legal representatives,heirs, successors and assigns. ARTICLE I Definitiores 1.1 Owner. One or more persons or entities holding a fee simple interest in any parcel of land subject to this Declazation,or holding a vendee's interest therein,shall be referred to herein as "Owner". ARTICLE II � Covenants 2.1 Grant and Location of Covenants. The Floyds hereby create the covenants,conditions ! and restrictions on, over, under, above and across the Floyd Property as follows: � a. The Owner of the Floyd Property wiil not assert any setbacks or similar rights or regulations against the Brookses dock, boat, boatlift, or canopy (or substantially similar replacements) which are located on that poriion of the Brooks Property abutting on the west of the 2 I I ^