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, Mississippi, consisting of Lots through , and known
as a subdivision according to a map or plat thereof on fle and of
record in the ofce of the Chancery Clerk of County at ,
Mississippi in Plat Cabinet , at Page thereof, and being desirous of
imposing certain protection for itself and all future owners and purchasers of
residential lots lying within 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 described 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 detached 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 defned as
single-family homes, and shall exclude all commercial and professional uses,
and among other things, garage apartments, apartment houses, duplex and
multi-family residences, proft or non-proft 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 of-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. Trees, shrubs and plants which die shall be promptly
removed from such lots. The above restrictions apply to all 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 the fence shall be
sufcient 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 beneft of all parties in the same manner 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 identical 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 temporary 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 beneft of, houses in the
subdivision, or in the construction of any residence on the lots.
17. No privy, cesspool, septic tank feld 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 ofensive 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
excavations 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 dwellings shall be of a quality of workmanship and
materials substantially the same or better than that which can be produced
on the date these covenants are recorded at the minimum cost stated
herein for the minimum permitted dwelling size. The liveable ground foor
area of the main structure, exclusive of open porches and garages, shall not
be less that ( ) square feet 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 lines. 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 the owners of lots in . Specifcally, the location must be such
as to not adversely afect 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 building 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
specifcations 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 facilities 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 afected or impaired thereby, but
shall remain in full force and efect.
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 specifcally 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-
fve (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 fled and recorded in the ofce of the Chancery Clerk
of County at , Mississippi, at any time after the date of this
instrument, agree that the same shall be terminated and rendered null, void
and of no further efect. 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 frst
having been duly authorized to do so.
GIVEN UNDER my hand and Ofcial Seal of Ofce this the day of
, 20 .
__________________________________
NOTARY PUBLIC
My Commission Expires: