Covenants

 

STATE OF MISSISSIPPI

COUNTY OF LAFAYETTE

 

RESTRICTIVE AND PROTECTIVE COVENANTS

For WINDSOR FALLS SUBDIVISION, PHASE I-A

 

           WHEREAS, the undersigned KENNY G. COLEMAN is the fee simple title holder of the hereinafter described real property, and is desirous of developing and subdividing said real property for use as single family residential housing; and

            WHEREAS, it is beneficial and expedient for uniform restrictions and protections to be prescribed as to the allowable uses and utilizations of the individual lots within said development; and

            WHEREAS, the undersigned wishes to enhance the value of the said lots within said development, and by extension the relative comfort of the future owners of the said lots,

 

           NOW, THEREFORE, BE IT REMEMBERED, that for and in consideration of 

 

the premises, the undersigned by these presents does establish the following conditions,

 

Covenants, limitations and reservations with regard to the real property described as:

 

A fraction of the Southwest Quarter of Section 4, Township 9 South, Range 3 West,      Lafayette County, Mississippi and being described in more detail as follows:

 

Beginning at an iron rod on the West right of way line of Mississippi Highway No. 7, said iron rod being located South a distance of 3700.38 feet and West a distance of 2599.40 from an 18” post oak tree accepted as the Northeast corner of said Section 4, run thence South 7 degrees 52 minutes 00 seconds West along said right of way line a distance of 444.12 feet to an iron rod; thence South 80 degrees 33 minutes 09 seconds West leaving said right of way line a distance of 78.56 feet to an iron rod; thence South 60 degrees 35 minutes 52 seconds West a distance of 132.41 feet to an iron rod; thence North 83 degrees 07 minutes 29 seconds West a distance of 160.78 feet to an iron rod; thence South 52 degrees 55 minutes 18 seconds West a distance of 126.65 feet to an iron rod; thence North 37 degrees 04 minutes 42 seconds West a distance of 123.25 feet to an iron rod; thence North 81 degrees 22 minutes 27 seconds West a distance of 68.42 feet to an iron rod; thence North 38 degrees 17 minutes 28 seconds West a distance of 120.07 feet to an iron rod; thence North 51 degrees 42 minutes 58 seconds East a distance of 234.54 feet to an iron rod; thence North 80 degrees 33 minutes 34 seconds East a distance of 185.37 feet to an iron rod; thence North 58 degrees 10 minutes 47 seconds East a distance of 37.22 feet to an iron rod; thence North 7 degrees 49 minutes 45 seconds East a distance of 630.27 feet to an iron rod on the South right of way line of Windsor Falls Boulevard; thence North 50 degrees 42 minutes 10 seconds West along said right of way line a distance of 49.51 feet to an iron rod at the PC of a 275.00 foot radius curve to the left; thence Northwesterly along said curve and right of way line a distance of 120.63 feet to an iron rod, said curve having a chord bearing of North 63 degrees 16 minutes 12 seconds West with a chord distance of 119.67 feet; thence North 75 degrees 50 minutes 13 seconds West along said right of way line a distance of 277.75 feet to an iron rod on the East right of way line of Windsor Drive North; thence South 59 degrees 09 minutes 47 seconds West leaving said South right of way line and along said East right of way line a distance of 19.09 feet to an iron rod; thence South 14 degrees 09 minutes 47 seconds West along said right of way line a distance of 30.46 feet to an iron rod at the PC of a 525.00 foot radius curve to the right; thence Southwesterly along said curve and right of way line a distance of 65.14 feet to an iron rod, said curve having a chord bearing of South 17 degrees 43 minutes 04 seconds West with a chord distance of 65.10 feet; thence South 21 degrees 16 minutes 21 seconds West along said right of way line a distance of 7.91 feet to an iron rod; thence North 59 degrees 44 minutes 12 seconds West leaving said right of way line a distance of 50.62 feet to an iron rod on the West right of way line of Windsor Drive North having a 475.00 foot radius curve to the left; thence Northeasterly along said curve and right of way line a distance of 14.98 feet to an iron rod, said curve having a chord bearing of North 20 degrees 22 minutes 07 seconds East with a chord distance of 14.98 feet; thence North 75 degrees 09 minutes 50 seconds West leaving said right of way line a distance of 120.54 feet to an iron rod; thence North 70 degrees 09 minutes 36 seconds West a distance of 120.02 feet to an iron rod; thence North 70 degrees 06 minutes 07 seconds West a distance of 50.01 feet to an iron rod; thence North 68 degrees 43 minutes 39 seconds West a distance of 186.81 feet to an iron rod on the East right of way line of Old Highway No. 7 having  a 4023.28 foot radius curve to the right; thence Northeasterly along said curve and right of way line a distance of 94.80 feet to a point, said curve having a chord bearing of North 20 degrees 23 minutes 29 seconds East with a chord distance of 94.79 feet; thence North 21 degrees 10 minutes 15 seconds East along said right of way line a distance of 223.23 feet to an iron rod; thence South 68 degrees 06 minutes 34 seconds East leaving said right of way line a distance of 206.49 feet to an iron rod; thence North 21 degrees 36 minutes 26 seconds East a distance of 21.74 feet to an iron rod; thence South 70 degrees 13 minutes 31 seconds East a distance  of 813.42 feet to an iron rod; thence South 46 degrees 11 minutes 41 seconds East a distance of 37.12 feet to an iron rod; thence South 74 degrees 16 minutes 00 seconds East a distance of 101.92 feet to an iron rod; thence South 75 degrees 12 minutes 49 seconds East a distance of 75.37  feet to an existing concrete right of way marker on the aforementioned West right of way line of Mississippi Highway No. 7; thence South 7 degrees 52 minutes 00 seconds West along said right of way line a distance of 586.00 feet the iron rod marking the point of beginning of this description.

 

This property contains 16.004 acres. All bearings are referenced to the bearings as shown on the Mississippi Department of Transportation plans for Highway No. 7 (Federal Aid Project No. F-019-2(3). All iron rods set are one half inch (1/2”) steel rebar.

 

      A) All of the provisions, requirements, restrictions, and conditions set forth shall be construed as covenants running with the land and binding upon the parties and their respective heirs, successors and assigns, it being the purpose and intent that such provisions, requirements, and conditions shall inure to the benefit and advantage of the owner or owners of any of the lots, or parcels of land, in said WINDSOR FALLS SUBDIVISION, PHASE I-A, and that the same may be enforced and violations may be restrained by any of said owners.

 

      B) No failure or neglect on the part of any owner of any land embraced within  WINDSOR FALLS SUBDIVISION, PHASE I-A, to demand or insist upon strict observance of any such provisions, restrictions, conditions, or to proceed for the restraint of violations, shall be deemed a waiver of any such violation nor shall any such failure or neglect operate as an estoppel to any subsequent insistence on strict observance; but any such provisions, restrictions, conditions, or requirements may be enforced at any time notwithstanding violations that previously may have been suffered or permitted; nor shall a waiver of any such provisions, requirements, restrictions, or conditions in any particular be deemed a waiver of any other default, whether of the same or of a different nature.

 

       C) No building shall be constructed, erected, built, moved upon or otherwise placed upon any of said lots, or combination of lots, nor shall any such building or structure be allowed to remain on any such lot or combination of lots, unless the same shall be used exclusively for single family residential purposes and no smaller than 1350 square feet heated and cooled area. No pre-manufactured housing, or any components thereof, shall be allowed within said subdivision.

 

        D) No temporary buildings or structure of any kind may be constructed, erected, moved upon or otherwise placed upon any lot, except that the builder of any such home may place tool houses and storage sheds on the lot to house equipment and materials during construction, which said tool houses and storage sheds shall be removed when the construction of the home has been completed.

 

        E) No building or structure of any kind shall be constructed, erected, moved upon or otherwise placed upon any of said lots in such a manner or located as to violate any of the provisions of any zoning or building ordinances or codes now or hereafter passed, adopted and approved pursuant to the governing authority of the City of Oxford, Mississippi. The Architectural Control Committee shall have the right to approve any structure, other than pre-approved designs, before a structure can be placed or built on any lot within Phase I-A of this subdivision.

         F) All boats, trailers, recreational vehicles, tractors, lawn equipment, et cetera, shall be stored and/or parked in the rear yard of each lot, in such a manner that the same are not visible to passers-by on the streets within said subdivision; all garage doors shall be kept closed except when vehicles are entering or exiting the same.

         G) There shall be an Architectural Control Committee to carry out the functions and duties necessary for the maintenance of any and all common property, such as entryways and subdivision signage, and to approve in advance the design of all residences to be constructed within said subdivision. The Architectural Control Committee shall levy and collect dues or assessments as may be reasonably necessary in an amount needed to cover the costs for said maintenance purposes, let contracts as required for work on common property (such as entryways, etc) and provide inspections of the common property as needed. The dues and assessments shall become due and payable within 30 days of written notice of the same from the Architectural Control Committee. In the event any house/lot owner shall fail, refuse or neglect to make any such dues, assessment or maintenance payments, then the Architectural Control Committee may impose a lien on the real property of the offending house/lot owner, and may thereafter collect such sums as may then be due and owing, together with all expenses incurred in the collection efforts.  Initially the Architectural Control Committee shall consist of Kenny G. Coleman, Marty Daniels, and Ronnie Leggitt, their successors, heirs, or assigns. When all of the lots within WINDSOR FALLS SUBDIVISION, PHASE I-A, have been sold by Kenny G. Coleman, Coleman is absolved of any further duty in this regard. The Architectural Control Committee will then become Marty Daniels, Ronnie Leggitt, their successors, heirs, or assigns, as well as Diane Smith. When 90 % of the house/lot combinations have been sold within Phase I-A, a new architectural Control Committee will be appointed by the existing Architectural Control Committee. The new Architectural Control Committee will be composed of five members, one member for five years, one member for four years, one member for three years, one member for two years, and one member for one year. At the end of each calendar year thereafter, one new member will be elected from and by the owners of all lots for a five-year term. The formation of this new Architectural Control Committee shall wholly and completely absolve Marty Daniels, Ronnie Leggitt, their successors, heirs, or assigns, as well as Diane Smith, of any and all of their duties and/or obligations as a part of the committee.

 H) That part of any area depicted and designated as a utility easement on the map or plat of WINDSOR FALLS SUBDIVISION, PHASE I-A, shall be subject to a non-exclusive easement in favor of the Owner of the lot or land to which such area abuts, which easement shall permit such Owner to perform from time to time anything and everything reasonably necessary or appropriate to maintain proper drainage within said WINDSOR FALLS SUBDIVISION, PHASE I-A.  The abutting Owner shall have the right to grade and shape the surface of such area or install there under, storm drainage facilities, to provide rationally and reasonably for the flow of normal and excess rainwater from such Owner’s lot; provided however, that such right shall not unreasonably restrict the use of such land or endanger an adjacent dwelling. Nothing in this subparagraph shall be interpreted as relieving the Owner of a lot from the primary responsibility of performing all routine cutting, trimming, pruning, and upkeep necessary or appropriate to maintain any and all portions of his lot across which surface water may drain.

 

 H-2) That part of any area depicted and designated as a utility easement on said map or plat of WINDSOR FALLS SUBDIVISION, PHASE I-A, shall be subject to a non-exclusive easement in favor of each certified utility company which heretofore has installed, or causes to be installed, or which may hereafter install, or cause to be installed, within said easement any sewer pipe, water pipe, wire, conduit, cable, valve, transformer, switch, connector, or any other equipment or facility for the purpose of transmitting or providing electricity, water, sanitary sewer service, telephone service, natural gas, radio signals, television signals, or any other service normally considered to constitute a “utility” service. Each such easement shall permit each such utility company to perform from time to time anything and everything reasonably necessary or appropriate to repair, maintain, replace, change the size of, and otherwise maintain in proper and adequate operating condition all such equipment and facilities heretofore or hereafter installed by or for each such utility company. However, a utility company shall have no right to place any such pipe, wire, conduit or appurtenance above the ground without the express written permission of the Owner of the lot and the undersigned unless such pipe, wire, conduit or appurtenance is routinely placed underground when the utility company provides underground service or unless such pipe, wire, conduit or appurtenance exists on the lot above ground prior to the Lot being acquired by the Lot Owner.  As soon as practicable following the disturbance of improvements on or the surface of said land caused by such utility company, such utility company shall restore such improvements and/or such surface as near as practicable to substantially the same or better condition as they were found immediately prior to such disturbance.

     I) No obnoxious or offensive activity shall be carried out on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

     J) No animals, livestock, or poultry of any kind, including hunting dogs, shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept, only in accordance with the existing city ordinances for the same, provided that they are not kept, bred, or maintained for any commercial purpose or become a nuisance to the neighborhood.

       K) No lot shall be used or maintained as a dumping ground for rubbish. All trash, garbage or other waste shall be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of such waste shall be kept in a clean and sanitary condition out of the sight of the public street. There shall be no trash burning. LP gas tanks or other similar objects are not permitted except for portable tanks for use on outdoor grills.

         L) Slope control areas are defined as any lot or part of the real property hereinabove first described on which pine trees and other vegetation have been planted or grown to prevent erosion. Slope control areas shall be preserved. It is the intention of this Paragraph to prevent property owners from denuding the land completely and not replacing the vegetation with other means of retaining the soil. Within these slope control areas, no structure or other materials shall be placed or permitted to remain, or other activities undertaken which may damage or interfere with established slope ratios, which may create erosion or sliding problems, which may change the direction of flow of drainage channels, or which may obstruct or retard the flow of water through drainage channels. The slope control areas of each lot and all improvements in them shall be maintained continuously by the Owner of the lot, in each instance. Erosion control is each lot Owner’s responsibility from property line to property line and up to the edge of the pavement regardless of the utility and drainage easements. All lots must be sodded (front, rear and sides) within 6 months after the completion date and closing of the dwelling structure on each respective lot.

 

       M) No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines and a line connecting them at points 25 feet from the intersection of said right-of-way. The same sight-line limitations shall apply on any lot within ten feet from the intersection of a street property line with the edge of a driveway.

 

      M-2) No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

 

       M-3) All lawns are to be mowed and given other attention as needed, according to generally acceptable standards for lawn care, a minimum of twice monthly during the growing seasons. If such is not maintained in this fashion, then the Architectural Control Committee, or the Homeowner’s Association, whichever may exist at that time, shall have the right to have the yard mowed, and otherwise maintained, for a charge of $150 per event to the homeowner and homeowner must pay within 10 days of written notice thereof, or be subject to a lien on the property.

 

        M-4) Installation of the entryways, common areas, rights-of-way including any landscaping on each of these areas, shall be at the expense and responsibility of the developer. Maintenance of the same areas shall be at the expense and responsibility of Daniels and Leggitt (equally divided unless other arrangements have been made), unless and until such time that Daniels and Leggitt establish a fee for these services and make efforts to collect such fees, in accordance with these Covenants---or----until the Homeowner’s Association takes over these responsibilities. In any case, Coleman is in no way responsible for maintenance of these areas. He is only responsible for installation and expenses associated therewith.

 

        N) No lot is to be further subdivided for the purpose of building more than one residence. However, nothing herein contained shall prevent a person who owns two (2) adjoining lots in the subdivision from treating the combined area of the two (2) lots as one (1) building lot, in which event the setback lines for the building purposes shall be construed and interpreted to apply to the outside lines of the two combined areas, not to the line which is common to both of the lots. No lot shall be sold for street purposes, or used as a street or easement to adjoining property or lots without the written consent of the Architectural Control Committee. Lots may be further subdivided in an effort to give property owners a larger acreage, but not for the purpose of building an additional house.

                       

        O) No unused cars, wrecked cars, or parts of cars are to be stored on the premises and no machinery (other than machinery common to the maintenance of a residence) shall be stored on the premises.

 

         O-2) No outbuildings except of construction styles, materials, and character consistent with the residential construction shall be erected on the premises, unless the same shall be approved by the Architectural Control Committee.

 

         O-3)   Swimming Pools, whirlpools, or outdoor saunas may not be constructed on any lot unless prior written consent is provided by the Architectural Control Committee. All approved swimming pools, whirlpools, or outdoor saunas must not be visible from passers-by and must be enclosed within an approved privacy fence. At no time may above ground pools, including temporary pools be present, in use or not, within WINDSOR FALLS SUBDIVISION, PHASE 1-A.

 

         P) All residences located on each respective lot shall be required to have completed within the first nine months from the date of beginning construction, a paved driveway, surfaced with plant mixed concrete. It is the intention of this covenant that no gravel driveways be permitted in the subdivision from and after nine months from the date of beginning construction on said property.

 

            P-2) Painting (especially choosing of the colors) of buildings or structures within this Phase of the Subdivision, whether done before, during or after construction, shall only take place with the  pre-approved color selections or the approval of the Architectural Control Committee

 

 

        Q)  Radio and/or television antennas including satellite dishes of all descriptions       must be maintained out of sight of people using the public streets----unless, as determined by the Architectural Control Committee, such devices must be in sight in order to receive proper wavelengths that ensure a good, acceptable picture on TV.

 

 

R) Unless approved by the Architectural Control Committee, no prefabricated structures shall be constructed or affixed on any portion of the lots. Each dwelling or structure on a Lot, with the exception being the use of pre-engineered and constructed roof trusses shall be individually constructed. All fences on said property shall be subject to approval by the Architectural Control Committee.

 

S) These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date of execution of this instrument. Upon expiration of said twenty-five year term, these covenants shall be automatically extended for successive periods of ten years each, unless by written instrument executed by 75% of the then owners of the lots, it is agreed to change said covenants in whole or in part, or agreed to revoke said covenants. Any of these covenants may be waived in whole or in part at any time by an instrument signed by 75% of the then owners of the lots.

 

       T) Each house that exists, now or in the future, on said property shall have at least a two-car garage and a maximum of a three (3) car garage with garage doors or carport.

     

       U) All street lighting installed will be leased from Northeast Power Association and shall be responsibility of the Developer, as well as any installation expenses associated therewith, for the reminder of the month in which the installation occurs, as well as the first full monthly billing cycle following installation. The Lot owner (s) which it serves will then become responsible for the terms and conditions of the lease, as well as the monthly expenses associated therewith---of the lease---possibly on a prorated basis (similar to all other expenses in common) as the houses are sold—or---builder(s) may choose to pay these expenses until the Homeowner’s Association has been formed. This shall be totally the choice of the builder(s). The street lighting shall not be removed or relocated without written approval of the Architectural Control Committee, and must be in compliance with the lease agreement with Northeast Power that will then be in place.

 

     V) OWNER OCCUPANCY:

Subject to the provisions below, in this and the next paragraph, each dwelling unit shall be occupied, at a minimum, by an owner of said unit.  For purposes of determining Owner occupancy, it shall be acceptable if the occupation is by someone who is related to the Owner, as a husband or wife, son or daughter, mother or father, brother or sister, niece or nephew, grandchild or grandparent.

 

     W) LEASING/RENTING PROHIBITION:

No Residence shall be leased or rented for any period of time to any undergraduate student(s) who are not within the definition of “Owner Occupancy”, in the foregoing sentence. Notwithstanding this restriction, there shall be the right of a temporary leasing, for not shorter nor longer than a month-to-month basis, a portion of the Residence which is less than the whole, so long as an Owner (as defined in Paragraph V, above), is actively occupying the Dwelling unit simultaneously with the non-owner. In any event, prior to such partial rental with an owner occupying the Residence, the Dwelling unit owner must give the Home Owners Association advance written notice of the name and permanent address and telephone numbers of the non-owner individuals who will be occupying the Residence. It shall be in the sole and absolute discretion of the Home Owners Association Board to determine whether an Owner is actually actively occupying the Residences as to permit a partial renting of the Residence. In the event the Board determines that an owner is not actively occupying the residence simultaneously with the non-owner, regardless of whether partially renting a portion of the residence, the Owner expressly understands and consents that the rights of the Association are paramount and that any such agreements with non-owners and the Association shall have the absolute right to demand the non-owner to vacate the premises within seven (7) days of written notice posted on the residence. In the event that legal action becomes necessary to enforce this provision, the resident owner shall be responsible for the reasonable attorney fees and costs of court in bringing the residence in compliance with the Declaration. The provisions of this subjection shall not apply to any institutional mortgagee of any residence who comes into possession of the residence by reason of any remedies provided by law, or in such mortgage, or as a result of a foreclosure sale or other judicial sale, or as a result of any proceeding, arrangement, or deed in lieu of foreclosure.

 

      X) Fishing in the lakes in the Windsor Falls Subdivision will be allowed for Residents and Guests of residents only. All others, if any, will be considered in violation of the law and subject to the policing authorities of the City of Oxford. A suitable method of determining who may be in violation of this section of the Covenants, and henceforth enforcement of the same, will be decided by the Architectural Control Committee.

 

     Y) Daniels and Leggitt, or their successors may at their sole discretion construct and develop an Amenities Center as part of the common area of WINDSOR FALLS SUBDIVISION, PHASE 1-A. The Amenities Center could possibly provide a space for  the common use and enjoyment of lot owners and their guests. Possible characteristics could include a swimming pool(s), restrooms, banquet rooms, etc.  Regulations, restrictions, and use provision for the Amenities Center will be posted and provided on location or in future amendments to these Restrictive Covenants. If the Amenities Center is developed before the formation of the WINDSOR FALLS HOMEOWNER’S ASSOCIATION (“Association”) then liability, insurance, expenses, regulations, and conveyance will be the exclusive responsibility of Daniels & Leggitt or their successors. At such time when the common area is conveyed to the Association, then the Association shall have sole responsibility for the liability, payment and renewals of general liability insurance, expenses, and regulations with the ownership and maintenance of the Amenities Center. Should the Amenities Center be developed after the formation of the Association, then it shall be done at the sole expense & responsibility of the Association. At all times a general liability insurance policy shall be in place naming Kenny Coleman, Marty Daniels and Ronnie Leggitt and their successors as named insureds.  Kenny Coleman is in no way responsible for the expense of installation or maintenance of the Amenities Center, pool(s), the regulations associated with the use thereof and the above mentioned general liability policy.

 

     Z) Enforcement shall be by proceedings at law or in equity against any person or persons violating any covenants herein contained, either to restrain violation or to recover damages. Any owner of any lot in WINDSOR FALLS SUBDIVISION, PHASE I-A shall be vested with the rights under this paragraph.

 

      Z-a) Invalidation of any one of these covenants by judgment or Court order shall in no wise affect any of the other provisions herein, which shall remain in full force and effect.

  

   WITNESS MY SIGNATURE  on this, the _________day of _______________,

 20____.

                                                                ___________________________________

                                                                               KENNY G. COLEMAN

                                                                                      (Developer)

 STATE OF MISSISSIPPI

 COUNTY OF LAFAYETTE

                THIS DAY personally appeared before me, the undersigned authority in and for the jurisdiction aforesaid, the within named KENNY G. COLEMAN, who acknowledged that he signed and delivered the above and foregoing RESTRICTIVE AND PROTECTIVE COVENANTS OF WINDSOR FALLS SUBDIVISION, PHASE I-A on the day and year therein mentioned.

 

               GIVEN UNDER MY HAND AND OFFICIAL SEAL on this, the _________ day of ____________________, 20_______.

                                                                 _________________________________

 

                                                                           NOTARY PUBLIC

 My commission Expires:

 

_____________________

         

This instrument prepared by:

 Kenny G. Coleman, Developer for Windsor Falls Subdivision

P. O. Box 160, 54 CR 178

Oxford, Mississippi   38655

662-832-3900

662-234-3900