turtle creek estates

Units. There are forty-seven (47) original Units, all of which are restricted exclusively to residential use. Each Unit constitutes a separate parcel of real estate and is identified as a Lot on the Plat. No additional Units may be created by the subdivision or conversion of Units pursuant to Section 515B.2 112 of the Act. The Unit identifier for a Unit shall be its lot and block numbers and the subdivision name.

No building will be closer than 40 feet to the side property line and no buildings will be closer than 75 feet of the front property line of each Lot. No buildings shall be located within any easements as shown on the Plat, nor within any Stormwater Pond Easements or Delineated Wetland Boundary as depicted on the Plat.

Unit Boundaries. The front, rear and side boundaries of each Unit shall be the boundary lines of the lot upon which the Dwelling is located or intended to be located. The Units shall have no upper or lower boundaries.

Access Easements. Each Unit shall be the beneficiary of an appurtenant easement for access to a public street or highway on or across the Common Elements, subject to any restrictions set forth in the Declaration.

Use and Enjoyment Easements. Each Unit shall be the beneficiary of appurtenant easements for use and enjoyment on and across the Common Elements, subject to any restrictions authorized by the Declaration.

Utility and Maintenance Easements. Each Unit shall be subject to and shall be the beneficiary of appurtenant easements for all services and utilities servicing the Units and the Common Elements, and for maintenance, repair and replacement.

Declarant=s Easements. Declarant shall have and be the beneficiary of easements for construction and sales activities as described in Section 13.4.

Recorded Easements. The Property shall be subject to such other easements as may be recorded against it or otherwise shown on the Plat.

Easements are Appurtenant. All easements and similar rights burdening or benefiting a Unit or any other part of the Property shall be appurtenant thereto, and shall be permanent, subject only to termination in accordance with the Act or the terms of the easement. Any recorded easement benefiting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration.

Impairment Prohibited. No person shall materially restrict or impair any easement benefiting or burdening the Property; subject to the Declaration and the right of the Association to establish and enforce reasonable Rules and Regulations governing the use of the Property.