MARGARETTE MANOR

 

     All lots in the subdivision shall be known and described as residential lots except for common open space, which shall be for common area amenities.  No structures shall be erected on any residential lot other than one single family residence, with at least a two car enclosed garage.  Additional structures may be erected in the rear yard, subject to approval as provided in this Declaration.  All residences shall include a two or three car enclosed garage.  No accessory structure erected on any lot shall at any time be used as a residence or business, temporarily or permanently.

 

     All residences shall contain a minimum of square feet of heated living area per the following:

     Zone 1 (37,500 SF Lots)--The minimum finished heated square footage of a 1 or 2 story house will be 2,400 square feet with a minimum heated first floor square footage for multi-story residence of 1,200 square feet.  These areas are exclusive of open porches, garages, and basements.

 

     Zone 2 (20,000 SF Lots)--The minimum finished heated square footage of a 1 or 2 story house will be 2,400 square feet with a minimum heated first floor square footage for multi-story residence of 1,200 square feet.  These areas are exclusive of open porches, garages, and basements.

 

     Zone 3 (15,000 SF Lots)--The minimum finished heated square footage of a 1 and 2 story house will be 2,200 square feet with a minimum heated first floor square footage for multi-story residence of 1,200 square feet.  Theses areas are exclusive of open porches, garages, and basements.

 

     Zone 4 (12,000 SF Lots)--The minimum finished heated square footage of a 1 or 2 story house will be 1,800 square feet with a minimum heated first floor square footage for multi-story residence of 1,100 square feet.  These areas are exclusive of open porches, garages, and basements.

 

     Zone 5 (10,000 SF Lots)--The minimum finished heated square footage of a 1 or 2 story house will be 1,800 square feet with a minimum heated first floor square footage for multi-story residence of 1,000 square feet.  Theses areas are exclusive of open porches, garages, and basements.

 

     Zone 6 (8,000 SF Lots)--The minimum finished heated square footage of a 1 or 2 story house will be 1,800 square feet with a minimum heated first floor square footage for multi-story residence of 1,000 square feet.  These areas are exclusive of open porches, garages, and basements.

 

     Zone 7 (6,000 SF Lots)--The minimum finished heated square footage of a 1 or 2 story house will be 1,800 square feet with a minimum heated first floor square footage for multi-story residence of 1,000 square feet.  These areas are exclusive of open porches, garages, and basements.

 

     All homes shall be constructed with a minimum of 2/3 brick or masonry finish.

 

     Two-car garages shall be included in the construction of all single-family attached and detached residence.

 

     Two of three car attached garages shall be included in the construction of all single family detached residences.  An additional 2 car garage detached is allowed.

 

     No buildings shall be more than two stories in height, but the floor space for the second story may be included in computing the minimum square footage of living area.  All structures shall be constructed with at least 2/3 brick masonry or stone veneer.  All windows shall be wood or vinyl.  No aluminum windows will be allowed.

 

     No residence shall be constructed without the construction plans first being approved by Margarette Manor (hereinafter referred to as "Developer").  Said construction plans shall be submitted to Developer for its review and approval or disapproval.  A written and dated receipt will be issued at time plans are submitted.  Keep this receipt.  Developer agrees to issue its approval or objections within thirty (30) days after receipt of said construction plans.  Developer's failure to issue its approval or objections withing the 30 -day period shall automatically deem the plans acceptable.  Developer retains architectural control until Developer sells its last lot or otherwise relinquishes said control.

 

     For the purpose of insuring the development of said lots as an area of high standards, and to assure reasonable compatibility of architectural designs, the Developer shall have the power to control all improvements, as well as to make such exceptions to these Covenants, and to waive particular violations, as the Developer shall deem necessary, appropriate or proper.  These covenants may be amended at any time by an instrument signed by the Developer or by not less than 75% of the owners of lots within all Phases of the Margarette Manor.  The Developer must approve in writing any amendment of these covenants.

 

     The minimum setback from the front property line to the building and the side and rear yard setbacks shall be as described on the plat of subdivision and shall meet the requirements and approval of the Department of the City of Olive Branch, Mississippi, or DeSoto County (which ever is applicable).  The Developer shall approve the actual setback for each lot, and the Developer may require or permit a setback of a distance more than or less than the minimum setback.

 

     Maximum Building Setback for Residential Use:

     Zone 1 (37,500 SF Lots):  Single Family Detached Uses-----Minimum Front Yard Setback (50 ft), Minimum Side Yard Setback (min. 10 ft total of 20 ft), Minimum Rear Yard (30 ft)

     Zone 2 (20,000 SF Lots):  Single Family Detached Uses---Minimum Front Yard Setback (35 ft), Minimum Side Yard Setback (min. 5 ft total of 10 ft), Minimum Rear Yard (30 ft)

     Zone 3  (15,000 SF Lots):  Single Family Detached Uses--Minimum Front Yard Setback (35 ft), Minimum Side Yard Setback (min.5 ft total of 10 ft), Minimum Rear Yard (20 ft)

     Zone 4 (12,000 SF Lots):  Single Family Detached Uses--Minimum Front Yard Setback (25 ft), Minimum Side Yard Setback (min. 5 ft total of 10 ft), Minimum Rear Yard 20 ft)

     Zone 5 (10,000 SF Lots):  Single Family Detached Uses--Minimum Front Yard Setback (25 ft), Minimum Side Yard Setback (min.5 ft total of 10 ft), Minimum Rear Yard (20 ft)

     Zone 6 (8,000 SF Lots):  Single Family Detached Uses--Minimum Front Yard Setback (25 ft), Minimum Side Yard Setback (min. 5 ft total of 10 ft), Minimum Rear Yard (20 ft)

     Zone 7 (6,000 SF Lots):  Single Family Detached Uses-Minimum Front Yard Setback (25 ft), Minimum Side Yard Setback (min. 5 ft total of 10 ft), Minimum Rear Yard (20 ft)

     Minimum building setbacks for accessory structures (detached garages) in Single-Family Residential Zones 1 thru 7 shall be a min of 10 feet.

 

     The right is given to the Developer to require the owner of a damaged or destroyed dwelling upon any lot to make repairs or replacements in order to restore the dwelling to its condition prior to the damage or destruction, including the right to require that insurance proceeds paid to the Owner because of said damage or destruction be applied to the repair or replacement.

 

     Each owner shall be responsible for the maintenance and painting of all improvements to the land within his lot.  No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon the premises, and no refuse pile, unused motor vehicles or unsightly objects shall be allowed to be placed or to remain anywhere on the premises.  In the event that any owner or occupant of any lot in the subdivision shall fail or refuse to keep the premises free from weeds, underbrush, refuse piles, unused motor vehicles or other unsightly growths or objects, then an agent of the Developer or Homeowners Association may have the right but not the obligation to enter upon the lands and remove the same at the expense of the owner and such entry shall not be deemed a trespass.  In the event of such a removal, the owner of the lot shall pay 1.5 times the expenses thereof.

 

     Homeowner's and guest's vehicles must be parked in homeowner's driveway.  No parking in the yard, except when moving, landscaping, or doing home improvements.

 

     No car, truck, van, trailer, boat, recreational or commercial type vehicle shall be stored or parked on any lot, unless in a closed garage, nor parked on the streets serving the subdivision, unless engaged in transporting to or from a residence in the subdivision.

 

     No car, truck, van, trailer, boat, recreational or commercial type vehicle shall be parked and advertised FOR SALE within the subdivision perimeters including at or along the entrance to Margarette Manor.

 

     No motor vehicle or any other vehicle, including but not limited to a boat, motor, and boat trailer, lawn mower, tractor, etc. may be stored on any lot for the purpose of repair of same: no disabled or inoperable vehicle may be stored on any lot.

 

     Homeowner's are not allowed to wash muddy vehicles in the neighborhood.  Mud washed into the street must be cleaned up by homeowner or homeowner's association will perform said cleanup and bill homeowner for 1.5 times the expenses thereof.

 

     No motorized vehicles in common area other than maintenance vehicles.  Ex:  4-wheelers, motorcycles, go carts, etc.  This will be considered trespassing, and violators will be prosecuted.

 

     No animals, livestock or poultry of any kind shall be raised, bred or kept on any of said lots, except that dogs, cats or other generally recognized domestic animals may be kept, provided that they are not kept, bred or maintained for any commercial purpose.  The number of animals shall be limited to 2 dogs and/or 2 cats or 2 other household pets.  In all instances, household pets shall be restrained withing fenced areas or under leash.

 

     No basketball goals visible from the street.

 

     Vegetable gardening to be allowed only in back yards to rear of house.

 

     No structure to be erected in common areas.  Ex:  Forts, playhouses, tree houses, etc.

 

     All signs, billboards, or advertising structures of any kind are prohibited except for two (2) professional signs of not more than sixteen (16) square feet to advertise a lot for sale or lease during a sales period and except for signs, billboards, or advertising structures erected by or on behalf of Developer or any other structures approved by Developer during the development and sales period of the Developer's property and unsold Lots.  No sign is permitted to be nailed or attached to trees.  All signs to be approved by City of Olive Branch or DeSoto County, whichever applies.

 

     No obnoxious or offensive trade or activity shall be carried on upon any lot in this subdivision, nor shall anything be done thereon which may be or become an annoyance or nuisance to the subdivision.  Garage/yard sales are not permitted.  If any resident holds a garage sale, Margarette Manor Home Owners Association has the option of assessing said resident a fine of $500.00.

 

     All mailboxes (numerals thereon) and the supports and encasements therefore within the subdivision are to be identical in design and will be selected by the Developer.  No decorations except for holiday themes may be affixed or adhered.

 

     An electric transformer may be situated on certain lots in the subdivision.  If the owner of such a lot should desire relocation of such transformer, he may arrange for its relocation at his expense with the approval of the Developer and the owner of the adjacent property nearest to the proposed new location of the transformer.

 

     Once a lot is sold by Developer, the owner there shall be required to construct sidewalks thereon as required by the City of Olive Branch or DeSoto County, whichever applies.  Should a lot owner not have installed the required sidewalk(s) for that lot within eighteen (18) months of the date of the recording of this plat, the lot owner will escrow with the City of Olive Branch or DeSoto County, whichever applies, such sum as is required by the City of Olive Branch or DeSoto County, whichever applies to ensure the future construction of the sidewalk to an extent that Developer shall be relieved of the obligation.  Should the lot owner refuse to do so, then Developer shall be relieved of the obligation.  Should the lot owner refuse to do so, then  Developer shall have the right to file a lien on the property or sue for the cost of the sidewalk.

 

     Once Developer has sold a lot in the subdivision, the owner or his assignees shall be obligated to complete construction of a house on such lot within twelve (12) months of issuance of the building permit.

 

     No building shall be erected on any lot wherein there shall be installed any aluminum or metal window.  All flashing visible from the street must be copper flashing or painted to match the trim color.  No steel front doors allowed.

 

     No buildings or structures shall be moved from other locations to a lot in this subdivision.

 

     All roofs of all buildings erected on a lot shall be comprised of a dimensional shingle material, unless otherwise approved in writing by Developer.  Accent roofs may be copper or other approved material.  All shutters must be wood or other material approved by Developer.  All exterior colors for initial construction and any subsequent re-paintings (or re-colorings) or renovation or restoration must be earth tones or neutral colors.  Re-roofings as to materials, weight, color, and texture must be approved.  No awnings on the front or sides of any house will be permitted without approval of the Developer.

     * All siding is to be wood-grained or textured siding.  No more than 1/3 of any house can have siding.

     * No aluminum columns are allowed in this subdivision.

     * No stucco board is allowed in this subdivision.

     * Doors visible from the street must be wood or fiberglass.

     * No aluminum or metal windows.  Windows must be vinyl, clad or wood.

     *  All flashing visible from the street must be copper flashing or painted to match trim color.

     * Only smooth painted ceilings are allowed in all houses, unless otherwise approved by Developer.  No vinyl flooring is allowed in any house unless otherwise approved by Developer.

     * All driveways are to be of washed aggregate.

     * No front yard parking pads.

     * Each builder is to provide portable toilets for his house(s) during construction.

 

     Developer reserves unto itself the right to impose additional and separate restrictions at the time of sale of any lots sold by it in this subdivision, which said restrictions may not be uniform, but may differ as to different lots.

 

     Consideration for a garage facing the street may be given on corner lots or where there is a request to preserve trees or elements of the topography.  Detached garages and storage buildings may face the street, but must be set back beyond the back corner of the house, be constructed of the same brick and roof to match the house, and have carriage style garage doors.  All detached garages or storage buildings must be approved in writing by developer prior to the commencement of construction.  No storage buildings built offsite will be allowed.  All storage buildings must be on a slab.

 

     The success of a residential subdivision is dependent in critical part on the abilities and integrity of the firms, which construct the homes in the development.  Therefore, Developer is vested with the absolute right to approve for use the respective general contractors who will build homes on lots in the subdivision.  It is stated expressly that an owner of a lot must obtain such approval whether such owner is the original Purchaser from Developer or not.

 

     All fences are to be of cedar wood, brick, ornamental metal, or other approved material or combination thereof and shall be built and installed in accordance with the address and regulations of the Developer, City of Olive Branch, or DeSoto County, whichever applies.  No chain link fences allowed.  No pine fences allowed.  No fence may be constructed closer to the street than the building setback line.

 

     Swimming pools and/or hot tubs/spas and their accessory structures shall be installed in accordance with the ordinances and regulations of the Developer, City of Olive Branch or DeSoto County, whichever applies.  No above ground swimming pools shall be permitted.

 

     All equipment, garbage cans, service yards, mechanical equipment, swimming pool pumps and filters, woodpiles or storage piles, shall be kept screened by adequate planting or fencing so as to conceal them from view of streets and neighbors.  All rubbish, trash, or garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon, during construction and all other times.

 

     All exterior lighting on each lot shall be of a consistent style and character.  All lighting on each lot shall be constructed and maintained to provide illumination for that lot only, and as to avoid illumination of adjacent lots and areas.  No polished brass lighting will be allowed on the exterior of the house.  No colored exterior lights allowed.

 

     Developer will cause to be incorporated a non-profit homeowners association to which every party purchasing a lot, whether the original purchaser or not, will be deemed to have agreed to belong.  The organization of such association may, at the option of Developer, be delayed until Developer has closed 90% of all the lots in the subdivision.  The primary purpose of the association is to maintain and replace as necessary the entry and other structures, walls, common areas, including entry monuments and associated landscaping, grass, lighting, and irrigation.  Also, to have the funds to legally enforce these covenants, pay taxes, insurance on common areas, management fees should the Developer or Association elect to contract for the services of a management company, or any other expenses deemed necessary by the Developer or Association for the operation of the Margarette Manor Home Owners Association for the operation of the Margarette Manor Home Owners Association.

     * Until 90% of all the lots in the subdivision are closed by Developer, Developer shall perform the aforesaid anticipated obligations of the association.  Each purchaser of a lot shall pay to the Home Owners Association $100.00 a year to defray the aforesaid expenses until such time as the association is organized and assumes the aforesaid duties. At any time, Developer may organize said association: and if same takes place before Developer sells 90% of said lots, Developer shall have the right to name two (2) members of a three (3) member Board of Directors and Developer shall have five (5) votes per each lot that it owns (although other lot owners will have only one vote per lot owned) until Developer sells 90% of said lots.

     * Notwithstanding the foregoing, even after Developer has sold 90% of said lots, it may, at its option, continue to perform, or cause to be performed, the obligations set out above which are ultimately to be the responsibility of the association: and, so long as Developer performs such obligations, each lot owner shall pay to Developer a reasonable annual fee to defray said expenses.  At the time of lot closing, each Purchaser will pay to Developer, in advance, his pro-rata share of the annual assessment for the year in which closing occurs.

 

     All property owners shall be required to be members of the Margarette Manor Home Owners Association and shall pay dues as set by the Developer or its members and shall be subject to any declarations, covenants, and restrictions enacted by the Developer or the Association and any other declarations, covenants and restrictions hereinafter executed in writing and filed in the Chancery Clerks Office at DeSoto County, Mississippi.  Initial dues of $100.00 per year payable January 1 of each year.  After January 31, dues will be considered delinquent and a 10% late fee will be added each month dues are delinquent.  Lots held by Developer or its assigns or related entities for sale are excluded from the payment of Assessments.

 

     No buildings or structures shall be moved from other locations to a lot in this subdivision.

 

     All existing surface drainage must be maintained.  Swales may be constructed to prevent drainage directly onto buildings, but in no case shall surface drainage by diverted or obstructed to prevent the shared sheet surface drainage from entering into or through any lot by means of fences or on-site grading.  All wood fencing is to have a 2" minimum clearance under all portions.  All brick fences are to have a 4"x 6" open space at ground level 4'- 0" on center minimum.

 

     Developer reserves the right at any time (a) to change the boundary lines and (b) to impose or remove or change easements on any lot(s) owner by it, if such should become necessary or be deemed desirable to preserve trees or topographical features or to otherwise enhance the desirability of such lots:  provided the Developer complies with all ordinances and regulations of the City of Olive Branch or DeSoto County, whichever applies.  If Developer determines to take such action provided for above, no other owner of a lot in the subdivision shall be required, or permitted, to join in any application to any governmental authority for approval of such action.

 

     Radio or television transmission or receiving towers or internet antennas are not allowed.  Satellite dishes larger than 30 inches cannot be installed.  Satellite dishes may not be installed on the front of the house.  Internet antennas may be erected on common areas if approved by Developer or by not less than 75% of the owners of lots withing all Phases of the Margarette Manor Subdivision.  Proceeds from any lease agreement for internet antennas will be applied to Margarette Manor Homeowners Association.

 

     Landscape plans must be approved and landscaping installed prior to occupancy.  All yards shall be of solid sod except as otherwise initially agreed with the Developer.  Any dead plants shall be replaced immediately.  There shall be a minimum of one (1) two and one half (2 1/2) inch caliper tree within the front yard of a single-family residence.

 

     No common area to be used for personal use, ex: storage, grass clippings, gardens, etc.

 

     These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2045, at which time said covenants shall be automatically extended to successive periods of ten (10) years unless by vote of the majority of the owners of the lots it is agreed to change said covenants in whole or in part.

 

     If an owner of a lot shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning real property, or the Homeowner's Association in this subdivision to prosecute any proceedings at law or in equity against the person or persons violation 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.

 

     Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.

 

     There is a perpetual easement, as shown on the recorded plat of the subdivision, which is reserved for utility installation maintenance.

 

     Window treatments must have white lining.  Blinds must be white or a natural wood-tone and must be at least 2" faux wood or otherwise approved by the Developer.  No mini-blinds are allowed.  Blinds or window treatments must be installed withing 30 days of occupancy.  No decorations to be stuck on windows with exception of holiday decor.

 

     To the extent that any of these covenants and restrictions are less restrictive than any of the City of Olive Branch or DeSoto County, whichever applies, ordinance or regulations shall govern.

 

     The Developer, the Association, or any owners shall have the right to enforce, by any proceeding at Law or in equity, all restrictions, conditions, or covenants under this Declaration.  Failure by Developer, association, or owner to enforce any covenant or restrictions shall in no event be deemed a waiver of the right to do so thereafter.  The Developer or association shall be awarded all cost or expense, including a reasonable attorney fee, incurred in the enforcement of this Declaration or the covenant and restrictions contained herein.  To the extent that any of these covenants, conditions, and restrictions conflict with any rule, By-Law, or regulation of the association or any other non-governmental authority, these covenants or restrictions shall govern.

 

     Invalidation of any one of these covenants or restrictions by court order or otherwise shall in no way effect any other provisions which shall remain in full force and effect.

 

 

 

 

 

 

 

     

 

 

2017  Bridgforth Realty