Whereas, it is the intent of these Covenants to protect and enhance the quality, value and attractiveness of the property, these Covenants are designed to help property owners enjoy their property in ways that will not result in unsuitable buildings or activities. The Covenants are designed to protect the features that property owners found desirable and what attracted them to this location.
Now, therefore, the owners of Lakewood Estates, do hereby establish, dedicate, declare, publish and impose upon the property the following Protective Covenants which shall run with the land, and shall be binding upon and be for the benefit of all persons claiming such property, their grantors, legal representatives, heirs, successors and assigns, and shall be for the purpose of maintaining a uniform and stable value, character, architectural design, use, and development of the property. Such Covenants shall apply to the entire property, and all the improvements placed or erected thereon, unless otherwise specifically excepted herein. The Covenants shall inure to and pass with each and every parcel, tract, lot or division. Said Covenants shall be as follows:
- Lots one (1) through twenty-eight (28) shall be used solely for residential purposes. The following covenants apply directly to these residential lots. Lots twenty-two (22), twenty-three (23), and twenty-four (24) shall be reserved for commercial purposes and are, therefore, excluded from the following covenants.
- No subdivision of property is allowed. Except, the original owners of Lakewood Estates, reserve the right to subdivide certain lots.
- No residence shall be constructed upon any designated residential lot unless said residence contains a minimum of twelve hundred (1200) square feet of living area.
- No structures shall be erected, altered, placed or permitted to remain on any residential building lot other than one detached single family dwelling and a private garage for not more than two automobiles and other outbuildings incidental to the residential use of the lot.
- No building shall be erected, placed, or altered on any building lot in Lakewood Estates until the building plans, specifications, and plot plan showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in Lakewood Estates and as to location of the building with respect to topography and finished grade elevation by Lakewood Estates. All building plans must be approved in writing by the owners of Lakewood Estates, prior to the commencement of any construction on said lot.
- All structures shall be sightly, of neat construction and of character to enhance the value of the property. Outbuildings, storage facilities, garages, or buildings of any other type must be located even with or behind the main residence in relation to the road and must be constructed of materials similar in design and color to the exterior of the main residence.
- No more than thirty-percent (30%) of trees that are more than six (6) inches in diameter at five (5) feet from the ground shall be removed from each of the original lots, 1, 3, 5, 7, 9, 10, 11, and 12 or any portion thereof. No more than fifty (50%) percent of trees that are more than six (6) inches in diameter at five (5) feet from the ground shall be removed from each of the original lots 2, 4, 6, 8, 13, 14, 15, 16, 17, 18, 19, 20, and 21 or any portion thereof.
- All structures shall be of native building materials such as; rock, stone, wood, etc., on no less than 90 percent (excluding glass, windows and doors) of the exterior. No more than 10 percent of non-native materials may be used on the exterior walls such as brick, vinyl, processed wood, metal, etc.
- Eighty (80) percent of all rooflines shall be a minimum of a 7/12-pitch at living area with no more than 20 (20) percent of total living roof area to be less than a 7/12-pitch. The 7/12-pitch restriction is only for living area, and not for covered decks and porches or as tie-in of said roofline.
- All roofs must be of muted colors – examples – dark brown, dark green. No red, blue or other bright colors are allowed. The goal is to have the roofs blend in with the trees and other natural vegetation.
- Driveways for personal use must originate from a point of the original dedicated/platted roads of said development and may terminate at a point not outside of owner's original lot. It is the intent of this said covenant to prohibit egress and digress from any other area.
- Easements for installation and maintenance of public and/or private utilities and drainage facilities within 20 feet of the center of the road are herein reserved; and, within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may cause the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.
- No detached garage or other outbuilding shall be permitted in the easements herein reserved.
- No animals, livestock, and or poultry of any kind shall be raised, bred, or kept on any site except that dogs, cats or other household pets, provided they are not kept, bred or maintained for any commercial purposes, and further provided that said animals do not become nuisances to the surrounding property owners.
- No sign of any kind shall be displayed to the public view on any residential lot except for one professional sign of not more than one (1) square foot, or one sign of not more than five (5) square feet advertising the property for sale, or signs used by a builder during construction and sales period.
- No debris, junk or unsightly accumulation of materials shall be allowed to remain on the premises.
- No lot shall be used for public storage; any materials stored on premises must be kept in an enclosure, complete with roof and sides.
- No automobile or automobiles may be parked on said premises unless such automobile is on inflated tires and in mechanical operating condition.
- After the plans for construction of a residence are approved by Lakewood Estates, the owners may park a motor home or camper trailer upon the building plot owned by the said owner during the construction period, provided said construction period cannot exceed six (6) months.
- Any fence constructed by any tract owner must be done with prior approval of Lakewood Estates, and in no event shall said fence be allowed to interfere with or cross easements herein reserved on the plot.
- No building shall be erected nearer than twenty (20) feet to the platted and dedicated roads and/or easements. No building shall be erected nearer than ten (10) feet from any other property line.
- No existing erected buildings or structures of any sort including but not limited to mobile homes, modular homes, prefabricated homes or trailers may be moved onto and/or placed on any portion of the above development it being the intention of this covenant to definitely prohibit the moving onto and placing of any existing structure whatsoever on any lot in said development.
- The use of firearms within the development is strictly prohibited.
- The operation of all-terrain vehicles, dirt bikes or other motorized off-road vehicles within the development is expressly limited to one's own use on one's own property and on the main access roads of the development. Property owners are encouraged to keep the use of off-road vehicles, including 4-wheelers, to a minimum so as not to create a nuisance within the development. Excessively running up and down the road is not allowed.
- No recreational vehicle, trailer, boat, boat trailer, raft, canoe, all-terrain vehicle, or other recreational device or vehicle shall be kept, parked or allowed to remain on any Lot for more than one (1) week unless garaged in an enclosure complete with roof and sides.
- If the parties hereto, or any of them or their heirs or assigns shall violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in Lakewood Estates to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant either to prevent him or them from so doing or to recover damages or other dues for such violation.
- These covenants are to run with the land and shall be binding on all parties and all persons claiming under them unless an instrument signed by all the owners of a majority of the lots has been recorded, to change said covenants in whole or in part.
- Invalidation of any of these covenants by judgment or court order shall in no wise effect any of the other provisions, which shall remain in full force and effect.
Walters Bros. Development, L.L.C.