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10-10-2016 Council Packet
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10-10-2016 Council Packet
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coniferous tree measuring at least four inches in diameter measured in caliper inches four feet off <br />the ground). <br />1.4 (Add for Lots 3 and 4; Lots 1 and 2 do not have any Bluff Area.) Bluff <br />Preservation Area. No hardcover may be placed, located or constructed; no fill or excavated <br />material may be placed; and no excavation may occur within the portion of the Property shown <br />on the attached Exhibit A as a `Bluff Protection Area' or "BPA", said portions also being <br />subject to the Tree Preservation provisions contained in paragraph 1.3 of this Article. <br />ARTICLE II <br />GENERAL PROVISIONS <br />2.1 Duration. The covenants, conditions, restrictions and easements in this <br />Declaration shall run with and bind the Property and shall inure to the benefit of and be <br />enforceable by and against the Owner of the Property, and their respective legal representatives, <br />heirs, successors and assigns. The easements created pursuant to this Declaration shall be <br />perpetual. Any provision of this Declaration expressly benefiting the City or any other <br />governmental or quasi -governmental entity, shall be perpetual and shall run with the Property. <br />All other covenants, conditions, restrictions and reservations created by this Declaration shall <br />continue for a term of thirty (30) years from the date of this Declaration, after which time the <br />same shall expire except to the extent preserved in a duly recorded instrument, signed by the <br />Owner, agreeing to extend the duration of this Declaration. <br />2.2 Enforcement. The City shall have the right to enforce by any proceeding at law or <br />in equity all easements, covenants, conditions and restrictions created by Article 1 of this <br />Declaration. In view of the purposes of this Declaration and the unique characteristics of the <br />Property, it is acknowledged that money damages in the event of a violation of any of the terms <br />216542.DOC-5 10/5/2016 5 <br />Error! Unknown document property name. <br />
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