1. Said lots shall be used for residence purposes only, and no
business, professional or commercial use shall be made of any of said
lots, even though such business, professional or commercial use be
subordinate to use of said premises as a
residence, and by way of illustration and not by way of limitation,
the premises shall not be used for carrying on the trade or profession
of a doctor, lawyer, dentist, engineer, geologist or geophysicist,
accountant, contractor, barber, beauty
operator, chiropractor, osteopath, radio or television repairman,
automobile repairman, boatbuilder or boat repairman. It is further
expressly provided that no activity shall be carried on upon any lot
which might reasonably be considered as giving
annoyance to neighbors of ordinary sensibilities and which might be
calculated to reduce the desirability of the property as a residential
neighborhood, even though such activity be in the nature of a hobby and
not carried on for profit.
2. No structure other than one single-family residence and its
outbuildings shall be constructed, placed on or permitted to remain on
any building site nor shall a residential structure be erected, placed
on or permitted to remain on any building
site having an area of less than 5,250 square feet nor a width of
less than 50 feet at the front building set-back line; provided,
however, that any whole lot according to the plat of the subdivision
named shall be considered to have the requisite
frontage and area, regardless of its dimension.
3. No building shall be located on any lot or building site
nearer to the front line or nearer the side street line than the minimum
building setback lines shown on the plat. No building shall be located
nearer to a side lot line than five (5)
feet. A detached garage or other permitted accessory building 70
feet or more from the front lot line may be located not nearer than 3
feet to an inside line of the site. (Architectural Control Committee
will not approve plans that do not have ten
(10) feet between houses.)
4. Except when built as an integral part of the main dwelling,
no garage or other outbuilding or any part thereof, may be erected or
maintained which is not wholly within 35 feet of the rear line of the
site upon which such building is erected
and if erected on any corner lot, no part of such garage or
outbuilding may be erected or maintained nearer to any side street that
the main residence on the building site.
5. No dwelling structure having a main ground floor area of less
than 1,000 square feet, exclusive of open porches and garages, shall be
permitted. Exterior walls of the main dwelling and attached garages
shall be at least 51% brick, brick
veneer or other masonry. In computing the percentage, all gables,
windows, and door openings shall be excluded in computing total exterior
wall area, but walls of attached garages shall be included. Detached
garages or other outbuildings, located
within the limits prescribed by Paragraph 4, above, shall be built
and designed to harmonize with the main dwelling and the colors of paint
and type of exterior walls and roofing shall harmonize with the main
dwelling. No such detached garage or
other outbuildings having frame or other type exterior walls which
are normally painted when used on the exterior dwelling shall be left
unpainted, but shall be painted with at least two coats of paint.
6. No trash, ashes, or other refuse may be thrown on dumped on any lot.
7. No building material of any kind or character shall be stored
on any lot until the owner is ready to commence improvements, and then
such materials shall be placed within the property lines of the lot or
site upon which the improvements
are to be erected, and shall not be placed in the streets, or
between the curb and property line.
8. Vegetation on each lot shall be kept mowed at regular
intervals so as to maintain a neat and attractive appearance, and trees,
shrubs, vines and plants which die shall be promptly removed.
9. No signs, advertisement, billboards, or advertising structure
may be erected or maintained on any lot except that a sign not
exceeding 15 square feet in area may be erected on the premises
advertising the premises for sale or for rent.
10. No cattle, horses, mules, sheep, rabbits, hogs, poultry, or
other animals or fowl other than ordinary household pets may be kept on
any lot and no person shall keep either cats, dogs, birds, or other
household pets in such quantity as to
be reasonably calculated to annoy the neighbors, it being the sense
of these restrictions that reasonable keeping of pets shall be
permitted, but that the increase thereof must be removed from the
premises with reasonable dispatch, and none may be
kept, bred, or maintained for commercial purposes.
11. No privy, cesspool, tank, or disposal plant shall be erected or maintained on any lot.
12. No operation of any kind shall be conducted on any lot to
explore for, produce, store, treat, or transport oil, gas or other
minerals.
13. No fence, wall, or hedges shall be placed on any lot nearer
to any street than the building set back line provided for the main
building. Any fence, wall or hedge violating this provision shall be
removed at the cost of the offending party.
14. No trailer, basement, tent, shack garage, servant's house or
other outbuilding shall at any time be used as a residence, either
permanently or temporarily nor shall any structure of a temporary
character be used as a residence. Provided,
however, that after erection of the main residence on any building
site, servant's house or servant's quarters attached to the garage may
be occupied by bona fide servants employed on the premises, but no
servant's house or servant's quarters shall
be used for rental purposes.
15. No trailer, trailer house, or boat shall be parked on any
lot in front of any residence or attached garage or between any
residence or garage and an abutting side street, or upon any street
abutting any lot. This shall not be construed to
prohibit a mere temporary standing or parking of a trailer, boat,
or trailer house for short periods preparatory to taking same to some
location outside the subdivision for use or storage, but the habitual
parking or standing of boats, trailer houses,
or trailers within the area specified shall be a violation of these
restrictions. The parking or standing of motor vehicles on any lot in
front of any residence other than on the driveway is likewise
prohibited.
16. No building (whether it be main residence, garage, servant's
house or outbuilding) shall be erected, placed or altered on any
building site until the building plans, specifications, and plot plan
showing the location of such building have
been approved in writing as to conformity and harmony of external
design with existing structures in the neighborhood and as to location
of the building with respect to topography and finished ground elevation
by a committee composed of T. W. MOHLE,
JR., JAMES H. TIMMONS, and U. L. EDWARDS, or a representative
designated by a majority of the members of said committee. In the event
of death or resignation of any member of said committee, the remaining
member or members shall have full authority
to approve or disprove such design and location or to designate a
representative with like authority. In the event said committee, or its
designated representative fails to approve or disapprove such design and
location within 30 days after said
plans and specifications have been submitted to it, such approval
will not be required and this covenant will be deemed to have been fully
complied with. Neither the members of such committee, nor its
designated representative shall be entitled
to any compensation for services performed pursuant to this
covenant. The powers and duties of such committee, and its designated
representative, shall cease on and after October 1st, 1975. Thereafter,
the approval described in this covenant shall
not be required unless prior to said date and effective thereon, a
written instrument shall be executed by the then record owners of a
majority of the lots in said subdivision and duly recorded, appointing a
representative or representatives, who
shall, there after exercise the same powers previously exercised by
said committee.
17. No building whatsoever shall be constructed on any lot that
will have a roof or any portion thereof to extend over any easement.
Neither the owners nor any utility company using the easement, affecting
the lots shall be liable for damage
done by them, their agents, servants, assigns, to shrubbery, trees,
flowers, or other property situated within the limits of any utility
easement. Owners expressly reserve the right for themselves, their heirs
and assigns to construct and operate,
maintain, repair, remove and replace utility lines on the street
and easements, and it is expressly provided that erection and
installation of any such lines and appurtenances in such utility
easements or streets shall not constitute a dedication
of such lines and appurtenances, either private or public, and that
conveyance of a lot shall not convey any right to any utility lines
located in any easement crossing or abutting such lot.
18. If any person should violate or attempt to violate any of
the covenants, conditions, or restrictions, herein set forth, then any
person or persons owning any of the lots in said subdivision shall have
the right to prosecute any proceedings
at law or inequity against the person or persons violating or
attempting to violate same, and to compel compliance by injunction, both
mandatory and prohibitory
and to recover damage for the violation, or to have judgment both
for injunction and for damages. Failure by any person to enforce any
restrictions herein set forth, at the time of its violation shall in no
event be deemed to be a waiver of the right
to do so thereafter. Invalidation of any of these covenants by
judgment or court order shall in nowise affect any other, which shall
remain in full force and effect. Imposition of additional restrictions
by zoning ordinance shall be cumulative of
those set forth herein and shall never operate to impair or
diminish the force and effect of these covenants, conditions and
restrictions. For compliance with the provisions hereof, the offending
party shall be liable for damages for all expenses
incurred, including reasonable attorney's fees, by the complaining
party or parties in any suit thereafter files for enforcing compliance
herewith.
19. Provisions hereof shall be deemed covenants running with the
lands and shall be binding on the Owner herein named, and all persons
claiming under it until the 1st day of May 2010 at which time same shall
be automatically extended for
successive periods of ten years each unless by a vote of the
majority of the then owners of the lots covered hereby it is agreed to
change same in whole or part.