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- Land Use and Building Type:No
lot shall be used except for residential purposes. Except for the lots within Ellis Town Homes no building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height, and a private attached garage, which garage must accommodate at least two full sized cars, but no more than three full sized cars. Provided, however, one detached utility building not to exceed 400 square feet shall be allowed on each lot. Construction thereof shall be no closer than 25 feet from any boundary of the lot. Such building shall not be given a place of prominence on the lot. Such
building shall be maintained in the same manner as the residence.
- Dwelling Quality and Size: Except
for the lots within Ellis Town Homes, no single-story dwelling shall be
erected on any lot without said structure containing a minimum of 1,500
square feet of ground floor living area; in the case of a one and one-half
or two-story structure, thence said structure shall contain a minimum of
950 square feet of ground floor living area and no less than 1,600 square
feet total living area; in the case of a split-foyer (entry) the main living
level shall have no less than 1,600 square feet; in the case of a tri-level
structure, the bedroom and living, dining, kitchen levels shall contain
no less than 1,600 square feet; under no condition shall any structure's main living level contain less than 1,000 square feet, and not less than 1,600 square feet of total living area. All
living areas as herein above mentioned are exclusive of garages, basement
and rough storage areas.
No mobile home, trailer, double-wide or manufactured
home, whether on a permanent foundation or not, basement, tent, shack, garage,
or other outbuilding erected in HearthLand Acres shall at any time be used
as a residence temporarily or permanently nor shall any structure of a temporary
character be used as a residence.
- Pre-fabricated and modular homes may be permitted subject to approval
of land owner.
- Exterior surfaces of all walls of all structures shall be of stone, wood,
brick, enamel baked on metal, concrete, asbestos, glass, aluminum, stucco,
perma-stone or similar material, vinyl or combination of mixture thereof.
It is the intent of this paragraph to specifically exclude asphalt-base
sidings, concrete block, tile, barn siding or any other type material not specifically
permitted.
- Fences: No
fence shall be permitted in the front yards any closer than the front
wall of the dwelling. No fence shall be permitted more than 6 feet
in height.
- Building Location: No
dwelling shall be located on any lot nearer than 15 feet to an interior
lot line, nor shall any building, or any part thereof, or any garage,
eaves, steps, open porches or open patios be located on any lot nearer
than 25 feet to the front lot line. However, a garage, eaves, steps,
open porches and open patios may be located as near as 15 feet to any
interior lot line.
- Easements: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.
- Nuisances: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
- Temporary Structures: No structure of a temporary character, or mobile home or trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.
- Signs: No
sign of any kind shall be displayed to the public view on any lot. A sign of not more than three square feet may advertise a property for sale or rent. Signs
can be used by a builder to advertise the property during the construction
and sales period.
- Livestock and Poultry: No
animals, livestock or poultry of any kind shall be raised, bred or kept
on any lot. Dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. No more than two such permitted animals shall be allowed to be kept at any one time, and such animals shall be contained within the premises at all times. Lot
16 will be allowed to keep horses, provided that they are not kept, bred
or maintained for any commercial purpose.
- Garage and Refuse Disposal.: No
lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All
equipment for the storage of such material shall be kept in a clean and
sanitary condition, and out of sight from the other inhabitants of HearthLand
Acres and the public, except within 12 hours of any scheduled trash,
rubbish or garage pick up.
- Completion of Construction: The exterior of every residence constructed shall be completed and painted within one year from the start of construction.
- Subdivision of Lots: Except for the lots within Ellis Town Homes, no lot in HearthLand Acres shall be subdivided in any way or to any extent.
- Driveways: No
entrance or driveway shall be constructed with a width of less than 15
feet. Parking within the street right-of-way is not permitted.
- Drainage: After the original sale by the owners, no owner or occupier of any lot shall interfere with the free flow of surface water across his lot.
- Maintenance of Lots: Except for the lots within Ellis Town Homes, the owners of lots in HearthLand Acres shall keep the grass and weeds mowed at all times, whether before or after construction of any dwelling thereon.
- Term: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 25 years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive period of 10 years unless an instrument, signed by a majority of the then owners of the lots, (each owner to have one vote for each lot or major fraction of a lot), has been recorded agreeing to change said covenants in whole or in part.
- Enforcement: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.
- Severability: Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
- Drilling and Mining: No drilling for petroleum products, nor for gravel, shale, rock or any other mineral, shall be conducted on the property.
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