These covenants, limitations, and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them until October 1, 2002, at which time said covenants, limitations and restrictions shall be automatically extended for successive ten (10) year periods unless by a vote of the majority of the then owners of lots in this subdivision it is agreed to change said covenants in whole or in part.
If the parties hereto or any of them or their heirs or assigns violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property in said development or subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant to prevent him or them from so doing or to recover damages or other dues for such violation.
Invalidation of any one of these covenants, limitations or restrictions by judgement or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
| 1. |
All lots to be for residential use only and are not to be resubdivided into smaller lots. |
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| 2. |
Minimum front yard set back to be thirty-five (35) feet as shown on plat. |
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| 3. |
Side yards and rear yards: There shall be provided two side yards, one with a width of 10 feet and the other with a width of 5 feet. The minimum rear yard width shall be 25 feet. |
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All residences in this subdivision shall have an attached two-car carport or attached garage. |
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An unattached accessory building, not for living purposes, may be erected in the rear yard. |
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| 6. |
The minimum ground floor area of one-story residences, exclusive of open porches, garages or carports shall be 1300 square feet, and for one and one-half or two story residence the minimum ground floor area shall be 900 square feet. |
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| 7. |
No trailer, tent, basement, shack, garage, barn or other structure of a temporary nature shall be used as a residence at any time. |
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| 8. |
No noxious or offensive trade or activity shall be carried on upon any lot in this subdivision, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. |
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| 9. |
There is a perpetual easement as shown on the recorded plan of subdivision reserved for utility installation and maintenance and drainage. |
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| 10. |
A residence in this subdivision shall not be required to have an attached two-car carport or an attached two-car garage, provided the minimum heated living area of one-story residence shall be 1400 square feet and for a one and one-half or two-story residence, the minimum ground floor heated living area shall be 1000 square feet. The drive of said residence will extend to the rear of said residence. |
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