AREA II
STATE OF
) SS.
Amended as of July 10, 1980
COVENANTS, CONDITIONS AND RESTRICTIONS
A.
Now therefore, Dean Foster, Incorporated, does hereby establish the following
covenants, conditions and restrictions, which it shall in incumbent upon their successors,
and assigns in title to adhere. These
covenants are to run with the land and shall be binding on all parties and all persons
claiming under them until January 1, 1987, at which time said covenants shall be
automatically extended for successive periods of ten (10) years, unless by vote of a
majority of the then owners of the lots it is agreed to change said covenants in whole or
in part.
B.
If the parties hereto, or any of them, or their heirs or assigns, shall violate or
attempt to violate any of the covenants herein, it shall be lawful for any other person or
persons owning any real property situated in this subdivision to prosecute by proceedings
at law or in equity against the person or persons violating or attempting to violate any
such covenants, and either prevent him or them from so doing, or to secure damages or
other dues for such violations.
C.
Invalidation of any one of these covenants by judgment or court order shall in no
way affect any of the other provisions which shall remain in full force and effect.
D.
All lots in this subdivision shall be known as, and used for residential lots,
only. No antennas of like structures shall
exceed six (6) feet above the ridge line of the residence thereon.
E.
No noxious or offensive trade or activity shall be carried on upon any lot nor
shall anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood.
F.
No building, or parts thereof, shall be constructed and maintained on said sites
nearer to the front of side street lot lines than the building lines established on the
recorded plat of the subdivision. Permanent
structures shall not be nearer than twelve (12) feet to any side lot line.
G.
No fence, other than ornamental, shall be erected nearer to the front lot line than
the 35-foot building line, or nearer to the side street lot lines than the side street
building lines shown on the recorded plat, except Dean Foster, Inc., or its successors,
may build a fence along the street on the property line, to provide a decorative entrance
to the subdivision. No chicken or hog wire
type fencing shall be installed on any lot. No
fence shall exceed 6 feet in height.
H.
No structure shall be erected, placed or permitted to remain on any residential lot
other than a detached single family dwelling.
I.
No trailer, mobile home, tent, shack, garage, barn or other outbuilding erected in
the tract shall at any time be used as a residence, temporarily or permanently.
J.
No structure previously used shall be moved onto any lot; nor shall any lot be
subdivided without developer approval.
K.
No outside toilets shall be allowed on the property hereon described, and all
sanitary arrangement must comply with local and state health requirements.
L.
No outside storage of building materials, old cars, junk or salvage shall be
permitted.
M.
No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage
or other waste, and all waste shall be kept in sanitary containers. All incinerators or other equipment for the storage
or disposal of waste shall be kept in a clean and sanitary condition.
N.
No sign of any kind shall be displayed to public view on any residential lot,
except one professional sign of not more than five square feet advertising the sale or
rent of said property, or signs used by the builder to advertise the property during
construction and sales period of any residence.
O.
No animals, livestock or poultry of any
kind shall be raised, bred or kept on any lot, except household pets, such as dogs, cats,
providing that they are not kept, bred or maintained for any commercial purpose.
P.
All residences must conform to the
following minimum standards and/or requirements.
1.
All residences must have a private
garage for not less than two standard size cars, attached to the residence. Carports may be allowed at the option or decision
of the Developer.
2.
All structures shall be
constructed of brick or stone veneer on at least 50% of their outside wall surfaces,
computed by excluding windows, doors, porches and patios on the first floor; Exception:
Special architectural designs requiring less than 50% masonry computed as above shall be
submitted to the Developer, and approval for construction received in writing before
construction is started.
3.
All garages, servant quarters,
hobby rooms or like structures shall be attached to the residence, and constructed with
brick or stone in the same manner as the residence.
4.
On all houses using composition
shingles for roof covering, such composition shingles must be of the best quality and of a
weight not less than 340 pounds per square. Cedar,
cement or clay tile may be used.
5.
No single story residential
structure shall be allowed which has less than 1800 square feet of floor space. The foregoing areas shall be computed excluding
garages, porches, and patios. All one and
one-half story residences shall have not less than 1000 square feet on the ground floor,
with a minimum of 2000 square feet total for both floors.
All two-story residences shall have not less than 1200 square feet on the
ground floor, with the minimum of 2000 square feet total for both floors.
6.
Completed structures shall not
have any exposed pier and grade beams showing in the foundation.
7.
No structure exceeding two stories
in height shall be erected, placed or permitted to remain, or altered on any residential
lot, except where slopes permit walk-out type basement construction.
8.
Any outbuildings must be built on
the back half of the lot, and must conform to the architectural design of the house
thereon.
R.
The purchasers of lots in this
subdivision automatically become members of the EASTWOOD LAKE ESTATES HOMEOWNERS
ASSOCIATION. The privileges, provisions,
requirements and responsibilities of this association are set forth in a separate
instrument, and may be obtained from the developer. The
primary purpose of this association is to share in the use of the lake, and to provide
funds for the maintenance of same.
This Deed of Dedication and covenants hereon shall be binding
upon the undersigned, its successors and assigns, and future owners of lots within this
subdivision.