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Wellborn EstatesDECLARATION OF CONDITIONS, RESTRICTIONS AND ARCHITECTURAL GUIDELINES FOR WELLBORN ESTATES ARTICLE I ARCHITECTURAL STANDARDS AND USE RESTRICTIONS 1.01 Purpose. In order to preserve the natural setting and beauty of the Subdivision, to establish and preserve a harmonious and aesthetically pleasing design for the Subdivision and to protect and promote the value of the Property, the Lots and all improvements located therein or thereon shall be subject to the restrictions set forth in this Article I. Every grantee of any interest in the Property, by acceptance of a deed or other conveyance of such intemstj agrees to be bound by the provisions of this Article I. 1.02 Submission of Plans and Specifications. No Structure shall be commenced, erected, placed, moved onto or permitted to remain on any Lot, nor shall any existing Structure upon any Lot be altered in any way which materially changes the exterior appearance of the Structure or Lot, unless plans and specifications therefor shall have been first submitted ( in duplicate) to and approved in writing by the Developer as to (i) the compliance of such plans and specifications with such Standards as may be published by the Developer from time to time, (ii) the conformity and harmony of external design and appearance in relation to the existing standards of the Subdivision, and (iii) the location of the proposed Structure in relation to surrounding structures and topography and finished ground elevations. Such plans and specifications shall be in such form and shall contain such information as may be reasonably required by the Developer. 1.03 Approval and Disapproval of Plans and Specifications. (a) The Developer shall have the right to approve or disapprove any plans and specifications submitted to him in his sole and uncontrolled discretion, which approval or disapproval may be based upon any grounds, including purely aesthetic considerations which shall be deemed sufficient. (b) Upon approval by the Developer of any plans and specifications submitted pursuant to this Declaration, a copy of such plans and specifications, as approved, shall be deposited for permanent record with the Developer and a copy of such plans and specifications bearing such approval, in writing, shall be returned to the applicant submitting the same. Approval of any plans and specifications for use in connection with any Lot or Structure shall not be deemed a waiver of the Developer in his sole discretion, to disapprove similar plans and specifications or any of the features or elements included therein if such plans, specifications, features or elements are subsequently submitted for use in connection with any other Lot or Structure. Approval of any such plans and specifications relating to any Lot or Structure, however, shall be final as to that Lot or Structure and such approval may not be revoked or rescinded thereafter, provided that there has been adherence to, and compliance with, such plans and specifications, as approved, and any conditions attached to any such approval. 1.04 Right of Inspection. The Developer shall have the right during reasonable hours to enter upon and inspect any Lot and Sfructure thereon for the purpose of ascertaining whether the installation, construction, alteration or maintenance of any Structure or the use of any Lot or Structure is in compliance with the provisions of this Declaration; and the Developer shall not be deemed to have committed a trespass or other wrongful act solely by reason of such entry or inspecion. 1.05 Building Restrictions. All Structures and other improvements shall be constructed in compliance with any and all applicable state, county and municipal zoning and building restrictions. No exterior portion of any building, structure or other improvement (excepting sidewalks and driveways) located on or with respect to any Lot shall be located other than as permitted by the applicable set-back line restrictions as may be set forth in the Standards; provided that the Developer shall be empowered to grant variances with respect to such set-back line restrictions. 1.06 Use of Lots and Dwellings. Each lot shall be used for residential purposes only and no trade or business of any kind may be carried on therein. The use ora portion of a residence as an office by an Owner or his tenant shall not be considered to be a violation of this covenant if such use does not create regular customer, client or employee traffic or otherwise create a nuisance. The use of a residence or a portion thereof for business meetings, entertainment or the enjoyment or business of the Owner's employees, trustees, agents, clients or custormers shall not be considered to be a violation of this covenant if such use does not create regular customer, client or employee traffic or otherwise create a nuisance. 1.07 Antennae. Without the prior written approval of the Developer, no television antenna, radio receiver, satellite dish or other similar device shall be attached to or installed on any portion of the Property, unless contained entirely within the interior ora residential dwelling constructed on a Lot. No radio or television signals, or any other form of electromagnetic radiation, shall be permitted to originate from any Lot which may unreasonably interfere with the reception of television or radiosignals within the Subdivision; provided, however, that Developer shall not be prohibited from installing equipment necessary for master antenna, security, cable television, mobile radio or other similar systems within the Subdivision. Should cable television services be unavailable and adequate television reception not be otherwise available, and Owner may make written application to the Developer for permission to install a television antenna or satellite dish. 1.08 Water Wells and Septic Tanks. No private water wells may be drilled or maintained and no septic tanks or similar sewerage facilities may be installed or maintained on any Lot without the prior written approval of the Developer. 1.09 Pets. No animals, livestock, birds or poultry of any kind shall be raised, bred or kept by any Owner upon any portion of the Property, provided that generally recognized house pets may be kept in residences, subject to rules and regulations adopted by the Developer and further provided that such pet or pets are kept or maintainecd solely as domestic pets and not for any commercial purpose. No pet shall be allowed to make an unreasonable amount of noise or to become a nuisance. Pets shall be under leash or voice control at all times when walked or exercised outside of all fenced areas on a Lot. All outdoor pets must be kept within a fenced area on a Lot. 1.10 Nuisances. No rubbish or debris of any kind shall be damped, placed or permitted to accamulate upon any portion of the Property, nor shall any nuisance or odors be pernfitted to exist or operate upon or arise from the Property, so as to render any portion thereof unsanitary, unsightly, offensive or detrimental to persons using or occupying any other portions of the Property. Noxious or offenssive activities shall not be carried on in any Lot and each Owner, his family, tenants, guests, invitees, servants and agents shall refrain from any act or use of a Lot which could cause disorderly, unsightly or unkept conditions, or which could cause embarrassment, discomfort, annoyance or nuisance to the occupants of other portions of the Subdivision or which would be in violation of any law or governmental code or regulation. All trash containers, yard equipment and lawn mowers shall be kept or stored in the rear yard of an Owner's Lot such that they are not visible from the front of an Owner's Lot. Without limiting the generality of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices, except security and fire alarm devices used exclusively for such purposes, shall be located, used or placed within the Subdivision. l. 11 Motor Vehicles, Trailers, Boats, Etc. All automobiles owned or used by Owners or other than temporary guests and visitors shall be parked in garages to the extent that garage space is available, and garages shall bot be used for storage or otherwise so that they become unavailable for parking cars therein. Garage doors shall be kept closed at all times except when yard work is being performed by an Owner. The Developer shall have the authority to promulgate rules and regulations to govern or prohibit the outside storage or parking upon any Lot of any mobile home, trailer ( either trucks), commercial vehicles of any type, camper, motorized camper or trailer, motorized go-cart or any other related forms of transportation devices. Furthermore, although not expressly prohibited hereby, the Developer may at any time prohibit mobile homes, motor homes, campers, trailers of any kind, vehicles, or any of them, from being kept, placed, stored, maintained or operated upon any portion of the Property if in the opinion of the Developer such prohibition shall be in the best interests of the Subdivision. No owners or other occupants of any portion of the Property shall repair or restore any vehicle of any kind upon or within any Lot except (i) within enclosed garages or wokshops or (ii) for emergency repairs, and then only to the extent necessary to enable the movement thereof to a proper repair facility. All motor vehicles of any kind located on a Lot shall be in operable condition, it being intended herby that the parking or storage of inoperable motor vehicles on any Lot is prohibited. No motor vehicles of any kind, including but not limited to motor homes, boats, trailers, trucks and school buses, shall be paked on any street within the Subdivision or on any Lot so as to be visible from the street for periods of more than twenty-four continuous hours. No motorized vehicles of any kind shall be operated on any portion of the Common Area or on any pathways providing access to the Common Area. No motor/zed three wheel or four wheel all terrain vehicles shall be operated upon any portion of the Propert3~ or the streets within the Subdivision. The Developer may impose a fine for any violation hereof. 1.12 Fences. No chain link fences will be allowed in the Subdivision. All fences must be approved by the Developer prior to installation. 1.13 Garage Sales. All garage sales shall be conducted in accordance with applicable law and such rules and regulations as the Developer may establish from time to time concerning same. All approved signs located within the Subdivision advertising any garage sale shall be removed within twenty-four hours after the conclusion of the garage sale. 1.14 Clotheslines. No outside clotheslines shall be constructed, placed or maintained on any Lot. 1. ! 5 Exterior Structures. No artificial vegetation, exterior sculptures, fo ,~.tains or similar items shall be constructed, placed or maintained on any Lot without the prior whtten approval of the Developer. 1.16 Construction of Improvements. Construction of all dwellings on a Lot shall be completed within eight months of the commencement date of said construction. If any dwelling on a Lot is not completed within eight months of the commencement date of said construction, the Developer shall have the right, but not the obligation, to enter upon said Lot and to take such action as is necessary to complete construction of said dwelling, with the costs thereof being assessed against the Owner of direct and indirect costs of completion of said dwelling, and the liability for such costs shall constitute an equitable charge and continuing lien upon the Lot enforceable by the Developer in the same manner as other liens for the improvement of real property or by any other appropriate proceeding in law or in equity. The Developer shall give notice to the Owner of such Lot prior to commencing any work. 1.17 Recreational Equipment. Recreational equipment, playground equipment and children's toys shall be placed and/or installed only upon the rear of a Lot as approved by the Developer. No above-ground pools shall be allowed on any Lot. 1.18 Dwelling Restrictions. Every'residential dwelling constructed on a Lot shall contain not less than 2400 sq. ft. of heated floor space, exclusive of unfinished bonus rooms, garages, basements, utility closets, stoops, porches and similar installations. Each residential dwelling shall have an enclosed two-car garage. No window air conditioning units may be installed in any residential dwelling. No more than one residential dwelling may be constructed on any Lot. 1.19 Hunting Prohibited. The Subdivision is hereby designated as a bird and game preserve; accordingly, the use of any weapons or firearms for hunting is prohibited. Fireamts shall include, but not be limited to, BB guns, pellet guns and small arms of all types. 1.20 Trees. No trees having a diameter of six inches or more ( as measured at a point twelve inches above ground level) shall be removed from any Lot without the prior written approval of the Developer. The Developer may designate that certain trees, regardless of size, are not to be removed from a Lot, which designation shall be noted on the approved plans and specifications for such Lot. 1.21 Structure Finish. All exterior walls shall be finished with brick or natural stone above finish grade. 1.22 Non-discrimination. No Owner or Person authorized to act for an Owner shall refuse to sell or rent, after receiving a bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny the purchase or rental of any Lot to any persons because of race, color, religion, sex, age, national origin, handicap or familial status. Anything in this Declaration to the contrary notwithstanding, this covenant shall run with the Property and shall remain in effect without any limitation in time. ARTICLE II DEVELOPMENT 2.01 Development of Property. Except as otherwise set forth in Section 1.06, all Lots within the Subdivision shall be and are hereby restricted exclusively to residential use and shall be subject to the standards and restrictions set forth in Article I hereof. Developer shall have the fight, but not the obligation, for so long as Developer owns any Lot primarily for the purpose of sale, to make improvements and changes to the Common Area and to all Lots owned by Developer, including, without limitation, (i) changes in the location of the boundaries of any Lots owned by Developer, and (ii) installation and maintenance of any water, sewer and other utility systems and facilities. ARTICLE ffI MAINTENANCE 3.01 Responsibilities of Owner. Unless specifically identified herein as being the responsibility of the Developer, all maintenance and repair of interior, shall be the responsibility of the Owner of such Lot. Each Owner shall be responsible for maintaining his or its Lot in a neat, clean and sanitary condition, and such responsibility shall include but not be limited to the maintenance and care of all interior and exterior surfaces of all impovements, buildings and other structures located on the Lot ( including repainting), and all landscaping. No building or Structure shall be permitted to fall into disrepair and each building and Structure on a Lot shall at all times be kept in good condition and repair and adequately painted or otherwise finished.