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This is a gated community; all the restrictions herein are for the purpose of protecting all residences and therefore are for the beauty, environment and investment of all, now and in the future.
1. These lots shall be used only for single-family residential purposes and no commercial, professional, trade
or business activities shall be conducted or permitted thereon that is open to the public. The developer and or its successors and or agents and or heirs (hereafter referred to as DSAH) reserve the right to conduct the business of lot and or home sales on the premises.
2. All lots shall be kept clean and orderly at all times. Including prior to commencement on construction, all yards and buildings appurtenance shall at all times be kept in a good state of repair and maintenance, free of trash of any nature or
description. Lots with structures must be mowed as needed
so as to present a neat and attractive appearance. If not so maintained, DSAH in interest,
may at it's option, and after written notice, have any offending lot mowed ($35 per hour, minimum of 2 hours) or cleaned at the expense of the owner.
All other lots will be mowed by the owners or DSAH with
written approval by owner as the weather and appearance
dictates (minimum 4 times per year).
3. All construction must be completed within (12) twelve months from the start of the home.
4. It is the intention of these restrictions that only residences of good design and suitable materials shall be
erected and the plans and specifications for the erection or alterations of any house, building, fence, wall, roadway or other improvement must be approved in writing by the DSAH before the work is begun. DSAH shall have the right in its sole discretion to refuse to approve any plans and specifications for buildings, grades, walkways, driveways, roadways or parking areas, which are not deemed by it as suitable or desirable. In so passing upon such plans, specifications and grading plans, it may, without limitations, take into consideration the suitability of the proposed building and grades for the site upon which it is to be erected; the harmony thereof with the surroundings and the effect of the completed construction on the enjoyment of and outlook from all other lots. This includes buildings, structures, trees and or vegetation which would infringe on the view for which the other property owners will or have purchased
their property(s).
5. All residences shall be (1) one story, (1 ½) one and one half, or (2) two story single family structure and contain a minimum of (1200) twelve hundred square feet living area on the main floor or at ground level exclusive of porches, basements (whether finished or not), attics, carports and garages. Garages and carports must be attached to the home and be constructed of the same materials and colors. An exception to this is the existing house, which was under construction when the property was
acquired. It is also exempt from other restrictions in this document as is needed and warranted. The purchaser of this property will still have to summit plans to continue the construction, modifications and/or any future work on this existing dwelling.
6. No building or structure shall be located or erected nearer than (10) ten feet from the side lot lines or any lot line except U.S. Corp. of Engineers.
7. No building or structure shall be located or erected nearer that (30) thirty feet from the front line or the road right-of-way.
8. Every house must have a continuous masonry foundation and a poured concrete footer.
9. Every house must have a central heating system.
10. Electric current or gas shall power primary heating, air conditioning and lighting system of all residential units. All sanitary sewage must comply with the standing regulations and requirements.
11. No partially finished homes may be a residence and all interior and exterior construction shall be completed prior to occupancy.
12. No residences or structure shall be located on the subject property that is not substantially constructed on the premises. This shall be construed to mean that no "mobile homes" shall be permitted on the premises, with exception of a temporary sales office for DSAH.
Due to new materials and manufacturing technology, manufactured and modular plans will be considered.
13. All outbuildings shall be located in such a manner as not to be of detrimental design and lie out of the area, and be of design and appearance as the primary dwelling on the same lot.
14. Garbage cans or other refuse receptacles shall be placed between the dwelling and the street and concealed so that same will not be visible from the street or adjoining properties.
15. During construction, all dirt and rock excavated and not used on the lot shall be placed at the discretion of DSAH. However, DSAH shall have the right to refuse same, which in such event will be disposed of by the owner of said lot.
16. All mailboxes shall be adequately supported and constructed so as to
compliment the appearance of the property.
17. Outside clotheslines must be
placed in the area from the dwellings to the street. TV reception devices cannot be larger than 36" in diameter.
18. Lots cannot be used for any purpose until the dwelling is occupied.
19. No trailer, mobile home, motor home, tent, shack, garage, barn or other vehicle or outbuilding shall be erected for and used as a dwelling either temporary or permanently. DSAH reserves the right to temporarily erect a mobile office for the purpose of sales and/or house or structure necessary for equipment to maintain the premises.
20. The storage of junk or scrap motor vehicles and/or materials of any kind other that firewood outside of a building is prohibited.
21. No on the street parking is permitted, violators will be subject to tow. No abandoned or inoperable vehicles, trailers, boats, motor homes or other such devices shall be stored or permitted to remain on any lot. No mechanical or body repair on such vehicles may be conducted on these lots.
22. No signs, billboards or advertising devices of any kind shall be erected or maintained on any lot or building. This, however, shall not preclude common real estate signs (30"X 24") advertising the sale of homes in the development or signs erected by the developer during the original development of the property.
23. No animals, livestock and/or poultry of any kind shall be raised, bred or kept on any
lot. However, dogs, cats and other common household pets may be kept upon said lot if, and only if, they are not kept, bred and/or maintained for any commercial purpose. All pets must be confined and/or be under the control of their owner at all
times. No stray animals will be allowed. Any pets considered vicious or threatening by (51%) fifty one percent or more landowners must be removed from the development.
24. * Exception* Riding horses, an area (approximately ¼ of an acre) may be developed by DSAH for the boarding of 2 horses per property owner. This area will be maintained and if requested the horses maintained for a nominal fee. All restrictions apply for the buildings and shelter of the horses. An area for the boarding of guest horses may also be developed. All of the horse areas will be maintained so as not to be offensive in any manner to the other property owners in this development. The large tracks of land, #62, #63, #64, #65,
#67 and #68 can board
their own horses (2 per 5 acres) but, must meet all of the restrictions
in this document.
25. No portion of a lot shall be sold, leased, used as an easement or otherwise dedicated or used for a street or access through and to adjoining farms or lands unless constructed and platted or approved in writing by DSAH.
26. As this is a gated community, any lot that borders Old Griss Mill Ln. will be required to be fenced on the roadside and the entrance gated. Fences and gates must adhere to the same standards, as do structures.
27. Utility connections to any structure, including without limitations, telephone, cable television and electric power connections shall be placed underground from service lines, unless approved by DSAH. All lots are subject to utility easements as may be required. All roads, streets and/or easements have a 10' utility easement on both sides.
28. If any restrictions herein provided is declared invalid or unenforceable by judicial decree or judgment, only that restriction shall be affected and all others shall remain in full force and
affect.
29. All lots are subject to any utility and other easement restrictions shown in the records of the Clinton County Court Clerk's Office on the plat of record in that office Plat Book #_________, page#__________. All restrictions containing herein shall run with the land, be binding upon and inure to the benefit of all owners of lots in this community.
Any other adjoining property owned by the developer shall be used for residential or agricultural purpose or as
to benefit the development and its residence.
30. These restrictions shall remain in full force and effective until January 1, 2014 unless a change is approved by 70% of the lot owners including the DSAH. It is suggested that a lot owners association be formed as soon as 50 homes are occupied by year around
residents. This association will have the power to change any restrictions by a majority vote after January 1, 2014. At closing the purchaser designates a person who will do the voting and will also be an advisor to DSAH on any submitted building plans and written request of an exception or change to the restrictions.
31. Each designated voting person will have (1) one vote. Restrictions will be continued for (10) ten-year periods unless amended prior to January 1, 2014.
32. Should these restrictions and covenants be violated, Clinton Circuit Court should be the court of proper jurisdiction in which to bring an action to enforce same. Any party adjudged to have violated said restrictions shall be responsible for all court cost and attorney fees incurred by the enforcing party. The DSAH or any lot owner shall have a right of action to enforce said restrictions in a court of law.
33. A yearly fee of $150 for every acre and/or partial acre owned will be due the day of purchase and every year thereafter to maintain the roads, equipment and buildings. Mowing, cleaning, cutting, excavation and/or removal can be accomplished for those not residing on their lots by the DSAH upon written request and an estimate for the work will be furnished.
34. These restrictions and the laws of the land regulate this community. Therefore, no growing of any illegal plants, making or storing of any illegal substance is permitted. The use of any harmful chemicals to the environment and the lakes is prohibited. The discharge of firearms in this community is also prohibited.
35. Only owners of lake front property
have the use of the lake and no person including owners of
lake front property can build any structure into or on the lake without written permission of DSAH. Boats or other floatation devices can be pulled up on shore but only left for no more than (2) two days when not being used. Boats or other floatation devices can "ONLY" use oars or paddles to move on the water.
36. DSAH shall have the right to place needed easements as deemed necessary to continue the intent by DSAH to complete this project with all the property owners interest taken into consideration. DASH will try to place easements equally on any and all properties affected.
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