- These covenants are made for the purpose of creating and keeping the
premises, insofar as possible, desirable, attractive, beneficial and
suitable in architectural design, materials and appearance, and guarding
against fires and unnecessary interference with the natural beauty of
the premises, all for the mutual benefit and protection of the owners
of lots within the premises.
- Each subdivision lot in the premises shall be used for residential
purposes only, this does not prohibit renting said property. No appurtenant
garages and outbuildings shall be constructed on any such lot and no
lot may be subdivided into smaller lots. Lots may be permitted if written
consent of the grantor. WE
ARE IN THE PROCESS OF AMENDING # 2 TO PERMIT APPROVED APPURTENANT STRUCTURES
(i.e. non-attached structures).
- No site clearing shall be commenced, no building or other structure
shall be started, constructed, erected or maintained on any lot, nor
shall any addition thereto or change or alteration therein be made,
until the completed plans and specifications have been approved in writing
by grantor. Each building and all other structures and use incidents
shall be constructed, erected, and maintained in strict accordance with
the approved plans and specifications. Reasonable judgment shall be
used in passing upon all such plans and specifications, but grantor
shall not be liable to any person for Grantor's actions in connection
with submitted plans and specifications, unless it is shown that the
Grantor acted with malice or wrongful intent.
- All buildings of every sort constructed within the premises shall
contain 800 sq. ft. on one level living area of otherwise the consent
of Grantor. No house trailers permitted on any lot.
- Easements are hereby created and reserved over a ten-foot strip on
all sides of each lot for extension of utilities and facilities. As
buildings are constructed and utility and facility connections are made,
the Grantor may surrender such easements along lot lines as are found
to be unneeded.
- No signs, billboards, or other advertising structure of any kind
shall be erected, constructed or maintained on any lot, except such
signs as have been approved in advance by Grantor for identification
of residences, or other needs considered by the Grantor as reasonable.
- No trash, ashes or other refuse shall be thrown or dumped on any
land within the premises. There shall be no burning of refuse out of
doors except as may be permitted by county and state regulations. Each
property owner shall provide suitable receptacles for the temporary
storage and collection of refuse and all such receptacles shall be screened
from the public view and protected from disturbance. These restrictions
also apply to contractors during construction. Under no circumstances
will junk cars or vehicles be allowed on any lot regardless of size.
- On lots within the subdivision containing less than two and one-half
(2 ½) acres, no livestock of any kind whatsoever will be kept or sheltered
thereon. On those lots containing two and one-half (2 ½) or more acres,
horses and/or ponies may be kept and maintained provided these animals
are used only for riding and recreational purposes for the benefit of
the owner, the owners immediate family and bona-fide guest. Under no
circumstances will draft animals or cattle, sheep or goats be raised
or kept on any lot, regardless of size.
- All structures commenced on the premises shall be prosecuted diligently
to completion and shall be completed within twelve months of commencement
unless some extension is granted in writing by the Grantor.
- The conditions, restrictions, stipulations, agreements and covenants
contained herein shall be for the benefit of and binding upon each lot
in the premises, and each owner of property therein, his successors,
representatives and assigns, and shall continue in full force and effect
until January 1, 1999, at which time they shall be automatically extended
for five successive terms of ten year each.
- The conditions, restrictions, stipulations, agreements and covenants
contained herein shall not be waived, abandoned, terminated or amended
except by written consent of the owners of 75 per cent of the lots within
the premises other than lots owned by the persons executing this declaration.
- If any person shall violate or threaten to violate any of the provisions
of this instrument, it shall be lawful for any person or persons owning
real estate in the premises to institute proceedings at law or in equity
to enforce the provisions of this instrument, to restrain the person
violating or threatening to violate them, and to recover damages, actual
violations.
- Invalidation of any of the provisions of this instrument by judgment
or court order of decree shall in no way affect any of the other provisions
which shall remain in full force and effect.
RETYPED FROM ORIGINALS RECORDED AT ALLEN
COUNTY COURT HOUSE. (NOT RESPONSIBLE FOR TYPING ERRORS)
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