North Hill Subdivision, Carriere,
MS
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STATE OF MISSISSIPPI COUNTY OF PEARL RIVER DECLARATION OF PROTECTIVE COVENANTS FOR NORTH HILL SUBDIVISION, PHASE IV THIS DECLARATION made, executed, and declared upon the date hereinafter set forth by Legacy Ventures, L.L.C., the owner of North Hill Subdivision, Phase IV, as per official map or plat on file in the office of the Chancery Clerk of Pearl River County, Mississippi: PURPOSE The purpose of these restrictions is to insure the use of the property for attractive residential purposes only, to prevent nuisances, to prevent the impairment of the attractiveness of the property, to maintain the desired tone of the community, and thereby to secure to each site owner the full benefit and enjoyment of his home with no greater restriction upon the free and undisturbed use of his site than is necessary to insure the same advantages to the other site owners. Anything tending to detract from the attractiveness and value of the property for residential purposes will not be permitted. DECLARATION We, the undersigned fee owners of the herein above described real property, hereby make the following declarations as to limitations, restrictions, and uses to which the land and/or parcels thereof may be put, thereby specifying that said declarations shall constitute covenants to run with all of the land, and shall be binding on all parties and all persons claiming any right, title, or interest in said land, and all persons claiming under them, to-wit: The following restrictions in Items #1 through #6 are the minimum requirements as set forth by Pearl River County for subdivisions and this portion only will be enforceable by Pearl River County.
1. No building permit shall be issued before the sewage and water systems are approved by the appropriate governing authority. Whenever a subdivision is served by a community, central water supply system, no private water supply may be drilled or otherwise constructed on any lot for the purpose of supplying potable water to any building or structure, except for the purpose of irrigation, and in no event shall there be a physical connection between any such source and any element of the community, central water supply system.
2. Construction of any nature is prohibited in county drainage easement or streets Right-of-Way.
3. Lots may not be used for the storage and/or dumping of trash, rubbish or junk. The accumulation of trash, rubbish and/or junk on any lot, for any reason whatsoever, is expressly prohibited. Trash, rubbish and/or junk are herein defined as and including but not limited to abandoned or dilapidated automobiles, trucks, tractors and other such vehicles and parts thereof, scrap building material, scrap equipment, old washing machines, dryer tanks, cans, barrels, boxes, drums, piping, tin, bottles, glass, old iron, machinery, rugs, paper, beds or bedding and old tires.
4. The minimum finished floor elevation required in areas subject to periodic inundation, flood zones A, shall be indicated.
5. No lot may be further subdivided without approval of the Board of Supervisors and Chancery Clerk for Pearl River County, Mississippi.
6. Driveways on corner lots shall not be located any closer than (60') sixty feet from a corner of said property closest to the intersection as measured from the corner of the property where the said two streets Right-of-Ways intersect.
7. The property owner shall install a driveway culvert on each lot. Driveways crossing street side ditches shall be constructed to a Twenty-Four (24') foot maximum width with the correct sized drainage pipe laid to the profile of the ditch. The length of same shall be such that the ends of the pipe project at least four feet (4') beyond the length of the driveway pavement. The diameter of the required driveway crossing drainage pipe has been determined for each lot and is provided in Exhibit “A”.
8. All lots shall be used for single family residential purposes. Provided, however: 1. Developer and his agents shall have the right to use a lot or lots as a temporary sales office(s) for marketing and development purposes until all phases of this development are completed and sold; and 2. Contractor(s), by written approval of the Developer, shall have the right to use a lot or lots as a temporary sales office(s) for marketing and development purposes until all phases of this development are completed and sold.
9. No lot shall be divided into smaller parcels except to provide a larger building site. The minimum size for any lot on which a dwelling may be constructed shall be one (1) acre, excepting only those lots shown on the herein above referenced Plat filed by the Developer, Legacy Ventures, L.L.C., which are less than one acre, which said lots shall not be further subdivided.
10. No residence may be built or placed on less than one lot and only one residence may be built or placed on one lot.
11. The Architectural Review Committee for North Hill Subdivision, Phase IV, shall be the Architectural Review Committee heretofore established for North Hill Subdivision, Phases I, II and III. Notwithstanding any other authority granted to the Architectural Review Committee, said committee shall have the authority to receive, consider, grant or deny variances of or from these covenants. The Board of Directors of the North Hill Property Owners Association, Inc., a Mississippi non-profit corporation, shall have review authority of said committee and the boards’s decision in all matters shall be conclusive.
12. No building or improvement of any type shall be erected, placed or altered on any building lot in this development until the building plans, specifications, and plot plat showing the location of such building or improvement have been approved by the Architectural Review Committee and a building permit has been issued if required by law.
13. The Architectural Review Committee shall monitor all construction to see that these Covenants, Conditions, and Restrictions are complied with; however, this committee is not accountable or liable for the technical design or structural integrity of any foundation, wall, rock for any component of any house or other improvement, whether caused by defective material or defective workmanship.
14. All residences constructed on any lot shall be fully finished dwellings of generally accepted building material and constructed according to conventional methods of construction, using conventional materials, and must be completed within six (6) months from the date construction is commenced.
15. Each dwelling shall be constructed with at least 2,300 square feet of heated and cooled living area under roof, excluding carport, attached garage and unenclosed porches.
16. No structures of a temporary character, (including but not limited to a recreational vehicle, trailer, mobile home, basement, tent shack, garage, barn or other out building), shall be used on any lot, at any time as either a temporary or permanent residence. The use, parking or storage of a house trailer or mobile home on any lot, for any reason whatsoever, is expressly prohibited.
17. Any separate structure such as equipment sheds, animal shelters, out buildings, or storage buildings must be placed to the rear of the dwelling and must be built with the same or similar design, materials, and workmanship as the dwelling located on this lot. Such structures shall not be constructed or used until the dwelling on the lot is completed or under construction.
18. No mail box or other mail receptacle other than the mail receptacle designated by the Architectural Review Committee shall be placed on any Lot and such receptacle shall be placed only at the location selected by said Committee. E- 911 street addresses shall be placed on all mail boxes at all residences located within North Hill Subdivision, Phase IV and said addresses shall be sufficient in size and at a location as determined by the Architectural Review Committee so as to be readily seen from the nearest public street.
19. Each dwelling shall display the E-911 address assigned and affix it to that portion of the dwelling that faces the street. Numerals indicating the official house number shall be posted in a manner that is easily legible and distinguishable from the street and shall not be less than three inches (3") in height. If the dwelling is not visible from the street on which it is located and/or the mail box is not located adjacent to the driveway leading to the dwelling, then the Property Owner shall be required to place a numbered sign beside the beginning of the driveway adjacent to the street. Placement is subject to the approval of the Architectural Review Committee.
20. No dwellings or accessory structures, erected or to b erected, shall be used directly or indirectly for trade or business. Commercial or industrial use of any part of this property is prohibited.
21. No structure shall be constructed or placed nearer than forth (40) feet from the front boundary line and twenty-five (25) feet from the side and rear boundary lines. This restriction shall not apply to driveways, mailboxes or fences.
22. Individual sewage disposal systems (septic tanks) shall be installed in accordance with the Mississippi State Board of Health regulations.
23. No noxious, immoral, illegal or offensive activity shall be conducted on any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the public.
24. Property owners shall maintain their lots by periodic mowing of the grass to maintain a clean and sightly appearance within North Hill. Developer, Property Owner’s Association, and the Architectural Review Committee, each, reserves and shall have the right to cut the grass for which the lot owner shall pay the Architectural Review Committee not less than $100.00 for each cutting of their lot up to twelve (12) cuttings per year. The lot owner agrees to pay for the grass cutting within ten (10) days of receipt of statement rendered by the Architectural Review Committee and agrees that any unpaid charges together with all the attorney fees and reasonable cost of collection will constitute a lien against their lot until paid.
25. No trees may be cut or removed except for building sites and other improvements without the prior written approval of the Architectural Review Committee which may impose reasonable conditions or restrictions for tree removal. Not tree shall be painted or white washed.
26. All garbage, trash or other waste of any kind shall be kept in sanitary containers. All equipment used for the storage or disposal of such material shall be kept in a clean and sanitary condition.
27. No large animals, livestock, goats, swine, or poultry shall be bred, kept or raised on any lot except that dogs, cats or other household pets may be kept, provided that they are not bred, kept or raised for any commercial purpose, but rather for the personal enjoyment of the lot owner or family residing thereon. All animals which are permitted under this clause, shall be kept under adequate fence and sanitary conditions so that they will not cause any damage, nuisance or inconvenience to the neighbors.
28. The discharge of firearms within North Hill is expressly prohibited.
29. Only the following signs may be displayed to the public view on any lot during the construction or sale period of a dwelling: 1) Owner’s sign, 2) Realtor’s “For Sale” sign, 3) General Contractor’s sign, 4) Lender’s sign. These signs must be professionally made and shall not be larger than three (3) feet square.
30. All contractors must keep all lots free from trash and debris and must maintain a portable outdoor toilet on the lot during the construction period. The contractor and lot owner shall be jointly and severally liable for adherence to this covenant.
31. Fences will only be allowed upon written approval by the Architectural Review Committee. Lot Owners will be required to submit a plan/drawing to the Architectural Review Committee and said Owners will not be permitted to erect a fence without said plan. If a Lot Owner erects same without approval by the Architectural Review Committee, that Lot Owner may be subject to a fine or levy on the property of not less than Two-hundred Fifty Dollars ($250.00) and/or may be required to dismantle said fence. Fines or levies that are assessed and not collected, including attorney’s fees and reasonable collection costs, shall constitute a lien against the individual lot until paid in full.
32. In the event a dwelling or appurtenant structure is damaged or destroyed by fire or act of God, owner shall repair, replace or completely remove the damaged or destroyed dwelling or structure within nine (9) months from the date of occurrence.
33. Developer reserves unto itself, its successors and assigns an easement or Right-of-Way fifteen (15) feet in width along the rear and street boundary lines and seven and one half (7&1/2) feet in width along the side boundary lines of all lots for the purpose of installation and maintenance of utilities and for drainage. Additionally, easements reserved on the recorded plats shall be reserved for installation and maintenance of utilities, dams, fire protection, beautification and drainage. This reservation of such utilities as and when any public or private utility company may desire to serve said lots with no obligation on the part of the developer to supply such services.
34. Property Owner’s Association: The North Hill Property Owner’s Association, Inc., a Mississippi corporation, shall be the Property Owner’s Association for North Hill Subdivision, Phase IV.
35. Fees and Assessments: The annual assessment shall not exceed one hundred dollars ($100.00) per year per lot through calendar year ending December 31, 2006 and thereafter shall be set by the Property Owners’ Association. The annual assessments or the pro-rata part thereof shall be paid at the time of each lot purchase. Thereafter, the annual assessment shall be due in advance on January 1 of each calendar year thereafter. All said lot owners agree to pay st said maintenance charges within thirty (30) days of receipt of statement rendered by the Architectural Review Committee and agree that any unpaid charges, together with attorney fees and reasonable collection costs will constitute a lien against their lot until paid. Developer shall be responsible for paying annual assessments for any lots that remain unsold in “The Ridge” after December 31, 2009.
36. Duration: These covenants shall remain in full force and effect for twenty-five (25) years from the date hereof and shall be automatically extended for successive periods of ten (10) years thereafter unless, prior to any renewal date an instrument signed by not less than 2/3 of the lot owners is filed for record in the office of the Chancery Clerk of Pearl River County, Mississippi, altering, amending or terminating these covenants, conditions, and restrictions.
37. Invalidation: Invalidation of any covenant by judgment or court order shall in no way effect the validity of other restrictions which shall remain in full force and effect.