CASHION MINOR LOT SUBDIVISION

 

 

1.  All lots in the Subdivision shall be known and described as residential lots.  No structures shall be erected on any residential lot other than a single family residence.

Additional structures may be erected in the rear yard, subject to approval as provided in this Declaration.  No accessory structure erected on any lot shall at any time be used as a residence or business, temporarily or permanently.

 

2.  All residences shall contain a minimum of square feet of heating living area per the following:

     The minimum finished heated square footage of a single family residence will be 2,400 square feet with a minimum heated first floor square footage for multi-story 

residence of 1,800 square feet, and the exterior shall be at least 70% brick.  These areas are exclusive of open porches, garages, and basements.

     Two or three car attached garages shall be included in the construction of all single-family detached residences.  An additional detached shop/2 car garage is allowed subject to provisions of Paragraph 22 herein below.

     No buildings shall be more than three stories in height.  Permitted exterior finishes shall be brick, stone, veneer, wood-grained or textured siding, and stucco.  All windows shall be wood or vinyl.  No aluminum windows will be allowed.  All existing structures in place as of the date of this Declaration are grandfathered in and may also be added onto in like kind construction and quality.

 

3.  No residence shall be constructed without the construction plans first being approved by Developer or its appointed successor for purposes of plan approval only.  Said construction plans shall be submitted to Developer for its review and approval or disapproval.  Developer agrees to issue its approval or objections within ten (10) days after receipt of said construction plans.  Developer's failure to issue its approval or objections within the ten-day period shall automatically deem the plans acceptable.

 

4.  These covenants may be amended at any time by an instrument signed by not less than 75% of the owners of lots within the subdivision, together with that of the Developer, James B. Cashion or his appointed agent.

 

5.  The minimum setback from the front property line to the building and the side and rear yard setbacks shall meet the requirements and approval of Developer or its appointed successor as part of the plan approval process.

 

6.  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.

 

7.  Each owner shall be responsible for the maintenance and painting of all improvements to the land within his lot.  No 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 refuse piles, unused motor vehicles or other unsightly growths or objects after 30 days written notice of same, then an agent of the Developer may 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.

 

8.  Homeowner's and guest's vehicles must be parked in homeowner's driveway.  No parking is allowed in the yard, except when moving, landscaping, doing home improvements, or such other temporary use.

 

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

 

10.  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 same.

 

11.  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 and no disabled or inoperable vehicle may be stored on any lot.

 

12.  No animals, livestock or poultry of any kind shall be raised, bred or kept on any of said lots, except dogs and cats, may be kept, provided that they are not kept, bred or maintained for any commercial purpose.  In all instances, household pets shall be restrained within fenced areas or under leash and shall be proportional to the lot size of the respective owner, and in all cases, Developer shall have the final determination as to the proper number of animals for each respective lot.  Any lot owner may request permission from Developer to breed certain types of animals pursuant to a plan which will not violate any of the remaining covenants and such applications will be considered on a case by case basis by Developer.

 

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

 

14.  No statues or monuments shall be erected or installed upon any lot without prior approval as to appearance and location by Developer.

 

15.. 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 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 DeSoto County.  All builder signs to be removed within five (5) days after final inspection by DeSoto County.

 

16.  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.

 

17.  All mailboxes (numerals thereon) and the supports and encasements therefore within the subdivision are to be of the same, general design and will be selected by the Developer.  No decorations except for holiday themes, and only during limited holiday periods, may be affixed or adhered.

 

18.  All electric service to any residence or outbuilding shall be run underground.  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.

 

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

 

20.  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.  All shutters must be wood.  No plastic.  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.  Vinyl siding is not allowed.  No more than 20% of any house can have siding, and each house shall have a minimum exterior of 70% brick.

     *  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, vinyl clad or wood.

     *  All flashing visible from the street must be copper flashing.

     *  All main roof pitches must be at least 6/12 or otherwise approved by Developer.

     *  No front yard parking pads.

     *  No window a/c or heater units shall be allowed.

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

 

21.  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.

 

22.  Consideration for a garage facing the street may be given 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 corner of the house, and be constructed of the same exterior finish and roof to match the house.  The proposed location and design and construction of all detached garages or storage buildings must be approved in writing by Developer prior to the commencement of construction.

 

23.  All fences shall be of wood rail and of a common design as designated and approved first by Developer and then DeSoto County.  No fences shall be constructed of pine wood or chain link.

 

24.  Swimming pools and/or hot tubs/spas and their accessory structures shall be installed in accordance with the ordinances and regulations of DeSoto County.  No above ground swimming pools shall be permitted.

 

25.  All equipment, garbage cans, service yards, mechanical equipment, swimming pools, spas, swimming pool/spas 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.

 

26.  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.

 

27.  All existing surface drainage must be maintained.  Swales may be constructed to prevent drainage directly onto buildings, but in no case shall surface drainage be 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.

 

28.  Developer reserves the right at any time to change the boundary lines on any lots owned by it provided the Developer complies with all ordinances and regulations of DeSoto County.  Developer further reserves the right to impose or remove or change easements on any lots owned 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 DeSoto County.  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.  Further, these covenants shall not apply to Lot 1 of this subdivision for so long as same is owned and/or occupied by Developer.

 

29.  Radio or television transmission or receiving towers or internet antennas are not allowed without prior approval of Developer.  Satellite dishes larger than 30 inches cannot be installed.  Satellite dishes may not be installed on the front of the house.

 

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

 

31.  These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2036, 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 and Developer,  it is agreed to change said covenants in whole or in part.

 

32.  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 in this subdivision, or the Homeowner' Association in this subdivision, 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 of them from so doing or to recover damages or other dues for such violation.

 

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

 

34.  To the extent that any of these covenants and restrictions are less restrictive than any of DeSoto County ordinances or regulations, DeSoto County, ordinances or regulations shall govern.

2017  Bridgforth Realty