Deed Restrictions to Lake Harmony Allotment
On file at the Wayne County Courthouse
1. All lots in this tract shall be used for private residence purpose only; no
business, commercial, sales, manufacturing or other enterprise shall be conducted on any lot.
2. Single family dwellings only shall be permitted and only one single family dwelling shall be erected on any one lot. No building shall be erected on any lot unless the center of the building shall be on the center of the lot as determined by drawing bisecting lines between the North and South and East and West boundary lines of the lot (except existing farmhouse).
3. No dwelling shall be erected on any lot in this allotment having a main foundation or ground floor living area of less than 1200 square feet for a single story structure, or 900 square feet for a two-story structure. Garages, porches, or terrace cannot be included. A dwelling which shall measure less than 15 feet between the finish line of the first floor above grade and the finish ceiling of the topmost floor shall be construed to be a single story dwelling.
4. No building, wall or fence shall be erected or maintained nearer to the street than the nearest portion of the house. In any event, no wall or fence shall be erected on any lot without the written consent of the architectural committee herein established in Item 12.
5. No building shall be erected or maintained nearer than 12 feet to any property line.
6. All garages shall be connected to the main house and shall be an integral part thereof.
7. No permanent garage, outbuilding, basement house or other structure shall be erected or maintained upon any lot prior to the erection of the dwelling house. No garage, temporary building, trailer, or basement shall be used for dwelling purposes.
8. No advertising sign, billboard, or other advertising devises shall be erected or maintained on any lot except a “For Sale” sign pertaining to the sale of the particular lot on which it may be displayed.
9. No animals other than house pets shall be permitted on the premises except that one dog or one cat may be kept in an approved kennel. Approval may be given by the architectural committee.
10. Each lot shall be subject to an easement of five feet (5) in width on each side of every lot and ten feet (10) in width along the allotment boundary together with the streets show hereon, to be used for communication and transmission of electrical energy to the lots of this allotment; also gas lines or drainage lines or tile.
11. No lot shall be reduced in area except as an addition to another lot. Portions of a lot may be added to another lot, or two or more lots may be combined for use as a single building site.
12. Architectural Committee
a. No building or structure shall be erected, placed or altered on any lot unless and until the plans and specifications of said building and the plot plan showing the location on the lot shall have been approved in writing by a committee to be appointed by Lake Harmony, Inc. The sole purpose of this committee shall be to insure compliance with the restrictions set forth herein. The authority of this committee to approve or disapprove shall be limited to the accomplishment of this purpose.
b. Members of this committee shall not be entitled to any compensation for the services performed pursuant to this covenant. In the event of the death, resignation, or disability of any member or members of said committee, the remaining members shall have the right to fill or act as a committee until such vacancy is filled.
c. In the event the committee fails to approve or disapprove within sixty (60) days after plans have been submitted to it, or in the event no suit to enjoin the construction of a dwelling has been commenced prior to the completion thereof, such approval will not be required and the related covenants shall be deemed to have been fully complied with.
13. No house trailer shall be permitted on any lot.
14. No excess dirt shall be hauled away from the development. Whenever such dirt is available it shall be placed in a fill area to be designated by the architectural control committee at no cost to the grantor.
15. No obnoxious or offensive activity shall be carried on upon any lot at any time, or be done thereon, which may be or may become an annoyance or nuisance to other lot owners in the development.
16. Septic tanks with a county approved leaching system is approved until a sewer system and disposal system is installed. At that time, all septic tanks must be abandoned and sewers connected to sewer system at each lot owner’s expense, for the proportionate cost of the sewer installation.
17. No unsightly, junky yards or unlicensed vehicles or parts thereof shall be permitted on an lots.
18. The existing farm house not located in this plat is excepted from the restrictions as a single family residences. In no event shall the existing farm house be divided into more than three single family apartment units.
19. No owner of any lot or lots in this allotment shall perform any construction or other work on Sunday within the confines of the allotment, nor shall he permit any construction or work to be performed on his lot by anyone.
20. Each and all of the covenants herein shall be enforceable by injunction and/or other appropriate legal action by the grantor, its successors or assigns. Any invalidation of any of these covenants by court order shall in no way affect the validity or enforceability of any of the other provisions which shall remain in full force and effect.
21. The provisions of these restrictions shall be deemed covenants which shall run with the land and which shall bind all grantees, their heirs, successors and assigns. Any person owning any lot included in this plat shall have the right to prosecute any proceedings at law or in equity to enforce these covenants and the rights, restrictions, reservations, limitations and easements against any person threatening to or violating any of the same. Failure to enforce any of the covenants and the rights, restrictions, reservations, limitations and easements against any person threatening to or violating any of the same as set forth herein shall, in no event, be construed, taken or held consent to any further or succeeding breach or violation thereof and the owners, their heirs, executors, administrators and assigns shall, at all times, have the right to enforce the same.