PROTECTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, , being the OWNER AND DEVELOPER of all that certain
land and property lying and being situated in the City of , County, Missi ssippi,
consisting of Lots through , and known as a subdivision according to a ma p
or plat thereof on file and of record in the office of the Chancery Clerk of C ounty at
, Mississippi in Plat Cabinet , at Page thereof, and being desirous of im posing
certain protection for itself and all future owners and purchasers of residential lots lying wi thin
said subdivision, does hereby covenant and agree with reference to all of said lots in said ,
with all purchasers and future owners of each and any of said lots, that for a period of (
) years from the date of this instrument the following protective covenants and restrictions
shall apply and be legally enforceable as to each and every one of the above describe d lots, to-
wit: 1. All lots shall be used for residential purposes only. No structure or building shall
be erected, altered, placed or permitted to remain on any lot other than one det ached single-
family dwelling not to exceed two stories in height, plus a basement, if applicable , and a private
garage for the use of the occupants of such single-family dwelling. 2. The term "residential purposes" shall generally be defined as single-family
homes, and shall exclude all commercial and professional uses, and among other things, gara ge
apartments, apartment houses, duplex and multi-family residences, profit or non-profit nursing
homes, hospitals, and other similar private or charitable enterprises, and any and all other such
usages of the subject property are hereby expressly prohibited.
3. No garage or outbuilding on said property shall be used as a residence or living
quarters.
4. Each residence shall be provided with off-street parking with a concrete driveway
extending from the pavement on the street which the residence faces to the garage or carport, or
from the pavement on the street to the rear of such residence. All homes must have a two-car
(full size) attached carport or garage. No open carports shall face a front or side street. 5. No animals will be permitted to remain in , except and as pets,
and no except that are inside pets. 6. No trash, ashes or other refuse may be thrown or dumped on any of the lots.
7. No building material of any kind or character shall be placed or stored upon the
said property except during periods of construction or improvements thereon. Building material
shall not be placed or stored in the street or between the curb and property line. 8. All driveways must constructed of concrete and all houses must have front
concrete walks extending to the driveway or the street. 9. Grass, weeds and vegetation on each lot shall be kept mowed at regular intervals
by the owner, so as to maintain the same in a neat and attractive manner. T rees, shrubs and
plants which die shall be promptly removed from such lots. The above restrictions apply to a ll
lots purchased before and after a home is built on the lot. Until a home or residence is built on a
lot, the DEVELOPER may, at its option and in its discretion, have dead trees removed from the
property and mow and remove debris, and the owner of such lot shall be obligated to reimburse
the DEVELOPER for the cost of such work should he refuse or neglect to comply with the terms
of this paragraph.
10. No fence, wall or hedge shall be placed on any of the lots nearer to any street than
is permitted for the house on said lot. Any fence or wall constructed on any lot shall be
constructed of , , or . No shall be allowed upon any of said lots
and the same are expressly prohibited. 11. No clothesline shall be erected or maintained on any of the lots, nor shall laundry
be hung, where exposed to view of the public or other lot owners; provided, however, that such
usages shall be permissible where a fence is constructed upon the lot being so used and t he fence
shall be sufficient height and density to screen such clothesline and laundry from view. 12. ( ) TREES AT LEAST ( ) FEET IN HEIGHT MUST BE
PLACED IN THE FRONT YARD OF EACH LOT AT COMPLETION OF THE
CONSTRUCTION OF THE HOUSE.
13. Other restrictions applicable to each lot may be made by appropriate provision in
the deed, without otherwise modifying the covenants and provisions contained herein, and such
other restrictions shall inure to the benefit of all parties in the same manne r as though they had
been originally expressed herein. 14. If a garage, or other permissible outbuilding is made an integral part of the
residence, or is connected thereto, the set back distances from lot lines become i dentical with
those stipulated for the residence thereof. 15. No tent, shack, basement, barn or other outbuilding erected or located on any of
the above described lots shall be any time be used as a residence, either te mporary or permanent,
nor shall structure of a temporary character be used as a residence. 16. No farm machinery, equipment, trailers, tractors, or trucks larger than three-
quarter (3/4) ton pickup trucks shall be permitted to park or left standing overnight on any lot or
street in said subdivision. This restriction, however, shall not apply to the use of vehicles for
delivery of goods to, or services or maintenance for the benefit of, houses in the subdivision, or
in the construction of any residence on the lots.
17. No privy, cesspool, septic tank field or disposal plant shall be erected or
maintained on any of the said lots, and all residences and outbuildings shall have the plumbing
connected to the available sanitary facilities. 18. No obnoxious or offensive trade or activity shall be conducted on the above
described lots, nor shall anything be done thereon which may become an annoyance or nuisance
to the neighborhood. 19. No lot or lots may hereafter be subdivided so as to create a building plot of less
than square feet; however, nothing in this paragraph shall prohibit the building of a
residence on any lot of said subdivision as originally platted. 20. A lot owner, in building or causing to be built, the original dwelling on any lot in
, shall not substantially duplicate the exterior elevation, including design or architecture, or
any other dwelling then existing on the same street within ( /
) within . For the
purpose of this paragraph, a dwelling shall be considered in existence from the time exca vations
for the foundations are begun until said dwelling is removed from the development or is
destroyed. 21. No dwelling shall be permitted on any lot at a cost, exclusive of lots, of less than
Dollars ($ ), based upon cost levels prevailing on the date these covenants are
recorded, it being the intention and purpose of this covenant to assure that all dwelli ngs shall be
of a quality of workmanship and materials substantially the same or better than t hat which can be
produced on the date these covenants are recorded at the minimum cost stated herei n for the
minimum permitted dwelling size. The liveable ground floor area of the main structure,
exclusive of open porches and garages, shall not be less that ( ) square fee t for Lots
through and shall not be less that ( ) square feet for Lots , ,
, and . No house shall have a roof with a pitch less than . 22. No building or structure shall be located on any lot nearer than ( /
) to
any street-line. No building or structure shall be located nearer than ( /
) to any lot
line, or nearer than ( /
), to the subject lot's rear lot line. The minimum setback from
street lines on corner lots shall be feet ( /
) on front yard and ( /
) on side
yard facing the side street.
Eaves of buildings or structures located within the set back lines provided in this
paragraph may extend across said set back lines, but shall not extend across any lot line s.
Accessory buildings, when detached from the main building, shall be set back to the rear of the
rear line of the main building on said lot and shall be screened from street view by a cedar,
cypress, redwood or brick fence, not less than feet ( /
) in height, and said accessory
building shall not be located nearer than feet ( /
) of the side lot lines.
23. No satellite dish may be erected without approval from the ( ) of t he
owners of lots in . Specifically, the location must be such as to not adversel y affect the
neighbors in a direct or indirect manner. 24. In the event any person shall own two or more adjacent building lots, and shall
desire to construct a dwelling occupying a portion of both of said adjoining lots as a buil ding
site, then the restriction as to the dividing line between the said adjoining lots shall not apply
insofar as it restricts the placing of any dwelling nearer than the number of feet set out in
Paragraph number 22 hereinabove to a side lot line, but all other restrictions herein contained
shall apply to the same extent as if said dwelling had been built on a single building lot.
25. The Developer shall approve the plot plan and the plans and specifications for all
houses built in the subdivision prior to any construction. 26. No antennas, citizen band or otherwise, that require towers or guide wires, shall
be permitted on any lot in said subdivision at any time. 27. Easements for the installation and maintenance of utilities and drainage faci lities
that are reserved as shown on the recorded plat of . 28. All of the restrictions and covenants appearing herein as well as those appearing
in a plat, deed or other conveyance of any of said lots shall be construed together, but if any one
of the same shall be held to be invalid by judgment or court decree, or for any other reason is not
enforced or enforceable, none of the others shall be affected or impaired thereby, but shall
remain in full force and effect. 29. If any owner or owners of any lot so subdivided and platted, and thereby bound
by these covenants, or their heirs, devisees, assigns, or successors in title, shall violate or attempt
to violate any of the covenants herein, any other person or persons owning any of said lots may
prosecute any proceedings at law or in equity against the person or persons violating or
attempting to violate any of such covenants, either to prevent him or them from so doing, and/or
to recover damages for such violation, including attorneys fees and other costs incurred in such
action. All of the terms and provisions set forth and contained herein shall be specifi cally
enforceable. 30. These covenants shall run with the land and shall be binding upon all parties and
all persons claiming under them for a period of twenty-five (25) years from the date of this
instrument, at which time the covenants shall be automatically extended thereafter for successive
ten (10) year periods, unless two-thirds (2/3rds) of the then owners of lots in , shall, by
written instrument filed and recorded in the office of the Chancery Clerk of C ounty at
, Mississippi, at any time after the date of this instrument, agree that the sam e shall be
terminated and rendered null, void and of no further effect. In addition, these covenants may be
amended or supplemented at any time by the written consent of two-thirds (2/3) of the owners of
the lots in ** and approval by the governing authorities of the City of , Mississippi. IN WITNESS THEREOF, , has executed the above and foregoing instrument of
Protective Covenants, this the day of , 20 .
BY: ________________________________
STATE OF MISSISSIPPI
COUNTY OF PERSONALLY appeared before me, the undersigned authority in and for the jurisdiction
aforesaid, on this the day of , 20 , within my jurisdiction, the within named
, who acknowledged that (s)he is and that in said representative capacity he executed
and delivered the above and foregoing instrument, as said Trust's own act and deed, after first
having been duly authorized to do so.
GIVEN UNDER my hand and Official Seal of Office this the day of , 20
.
__________________________________
NOTARY PUBLIC
My Commission Expires: