2021.05.03 CC Packet - Laserfiche WebLink

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2 3. Fencing. No fence shall be allowed within the drainage and utility easement unless an encroachment permit is obtained from the city. 4. Water Conservation. Lawns shall be planted with drought-tolerant sod and watering of lawns shall be restricted to every other day once lawn has been established. Irrigation systems shall have smart controllers with rain sensors. All homes shall have high efficiency, low water use appliances. 5. Anti-Monotony Restriction. So that a variety of home colors are apparent from any point within the Subdivision, the homes located within the Subdivision shall not be painted, finished with or otherwise utilize an exterior color scheme the same as or substantially similar to the color scheme utilized on any single-family residence located within one hundred (100) feet of such single-family residence. 6. Run With the Land. This Declaration and the covenants set forth herein (i) shall be and are covenants running with, touching, and encumbering the single-family lots located within the Subdivision, and (ii) are binding upon the Declarant and all successors in interest or title, transferees, vendees, lessees, mortgagees, and assigns who are owners and/or users of any single- family lot located within the Subdivision. 7. Enforcement. In the event of a breach or threatened breach of this Declaration, any party adversely affected by such breach, including without limitation the City of Hugo (the “City”) shall be entitled to institute proceedings at law or in equity for relief from the consequences of said breach including seeking injunctive relief to prevent a violation thereof. The prevailing party in any such action (i.e. the party whose position is substantially upheld) shall be awarded its costs and expenses, including without limitation reasonable attorneys’ fees, which shall be deemed to have accrued on the commencement of such action and shall be awarded whether or not such action is prosecuted to judgment. 8. Superiority. The charges and burdens of this Declaration are, and shall at all times be, prior and therefore superior to the lien or charge of any mortgage or other security agreement hereafter made affecting any single-family lot within the Subdivision or any part thereof. 9. Declaration Binding; Beneficiary. This Declaration and the covenants contained herein shall run with all lots located within the Subdivision and shall bind Declarant and all subsequent owners of any lot located within the Subdivision or any interest therein, and the benefits shall inure to Declarant and its successors and assigns. 10. Term. This Declaration shall have an initial term of thirty (30) years from the Effective Date. This Declaration shall thereafter be automatically renewed for consecutive periods of ten (10) years each unless the parties hereto terminate this Declaration in writing and file such termination of record in the office of the Washington County Recorder at least six (6) months prior to the expiration of the then current term thereof. 11. Miscellaneous.