Restrictive Covenants

 

RESTRICTIVE COVENANTS FOR SUGARWOOD, ADDENDUM NO. 3, PHASE B 1169746

UNITED STATES OF AMERICA

STATE OF LOUISIANA

PARISH OF TERREBONNE

BE IT KNOWN, that on this 21 day of January 2004, before me,

the undersigned Notary Public, duly commissioned and qualified, in and for the State and Parish aforesaid, therein residing, and in the presence of the undersigned competent witnesses,

PERSONALLY CAME AND APPEARED:

SUGAR POINTE, L.L.C. , TIN 72-1423605, a Louisiana Limited Liability corporation, domiciled in Terrebonne Parish, Louisiana, whose mailing address is 222 Venture Boulevard, Houma, Louisiana 70360, represented herein by a majority of the Managers, (hereinafter referred to as "DEVELOPER"),

who declared that DEVELOPER is the owner of a tract of land situated in Terrebonne Parish, Louisiana, which tract has been developed and platted into a single family residential subdivision more particularly depicted on the following plat entitled "SUGARWOOD SUBDIVISION ADDENDUM NO. 3, PHASE B", prepared by T. Baker Smith & Son, Inc., Professional Consultants, under date of April 21, 2003, recorded under Entry No. 1169629, records Terrebonne Parish, Louisiana, reference to which is hereinafter directed for all purposes.

DEVELOPER is desirous of establishing Restrictive Covenants to govern building upon and use of each respective lot in said SUGARWOOD, ADDENDUM NO. 3, PHASE B, and in accomplishment of said desire, does hereby establish and agree that each and every lot in said Phase B of Addendum No. 3 Sugarwood Subdivision shall be subject to the following covenants: 1. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than the one detached single family dwelling not to exceed two (2) stories in height and a private garage or carport for two or more cars and other appropriate out buildings. Each dwelling shall have a carport or garage for not less than two cars.

 

2. (a) No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the DEVELOPER and a permit has been obtained from the necessary regulatory agency.

(b) No fence or wall shall be erected, placed or altered on any lot nearer to any street than the front sill line of the main building. All fence posts or other supporting materials used in the construction of the said fence shall be installed and placed so that they face and are situated inside of the owner's lot. Furthermore, and in an effort not to create inequities for lot owners complying with Restriction 4 (b) herein, all fences constructed on corner lots shall be placed fifteen (15') feet inside of side street property line. No chain link or barb wire fences will be allowed.

(c) No shell, rock or gravel driveways shall be permitted, and all driveways shall be hard surfaced.

 

3. The ground floor of the main structure, exclusive of open porches and garages, shall not be less than 1,600 square feet for a one-story dwelling, and not less than 1,000 square feet for a two-story dwelling. Each dwelling erected shall have a carport or garage of sufficient size to accommodate not less than two (2) full size passenger automobiles.

 

4. (a) No building shall be located on any such lot nearer to the front lot line than a minimum building set back of twenty (20) feet.

(b) With regard to any lot which constitutes a corner lot, no building shall be located on any such lot less than fifteen (15') feet from any side street line.

(c) DEVELOPER reserves unto itself, or any property owners' association to which said duties are delegated, the right to modify a set back or side line restriction in specialized cases
where it can be demonstrated satisfactorily that such modification would not materially result in a diminishing of the overall residential quality of the subdivision, and where appropriate relief has been approved by any governmental agency having jurisdiction thereof, should such variance approval be required under any zoning ordinance which affects the subdivision.

(d) No building shall be located nearer than five (5) feet to an interior lot line (side line).

(e) No main residential dwelling shall be located nearer to the rear or back lot line than the distance required under the Terrebonne Parish Consolidated Government Subdivision
Ordinance, provided however, that any said required minimum distance or fifteen (15') feet, which ever is greater shall be maintained. Accessory buildings may be located within five (5') feet of the rear or back lot line except on cases where the location of a utility or drainage servitude would prevent same.

(f) For the purpose of this covenant, eaves, steps and open patios shall not be considered as part of the building, provided however, that this shall not be construed to permit any portion of the building on a lot to encroach upon another lot. Covered porches and patios are to be considered part of the building.

(g) Al residences shall face the front of their respective lots.

 

5. (a) No lot or combination of lots may be re-subdivided for any purpose whatever, except that the side lines between lots may be adjusted, providing that any lot or lots resulting from such adjustment have an area of not less than 9,000 square feet. Permission is hereby granted to use more than one lot for the purpose of erecting a single residence. For example, three lots may be combined to provide building sites for two residences, providing that neither site contains less than 9,000 square feet.

(b) Contractors and/or owners shall be liable for the construction of concrete
sidewalks according to grades and specifications of DEVELOPER'S engineer, T. Baker Smith & Son, Inc.; said concrete sidewalks shall be constructed immediately in front of and adjacent to the front property line of each lot in the subdivision. In the case of corer lots, such sidewalks shall also be constructed immediately on the side of and adjacent to the side property line of the street side of the said corner lot.

 

6. (a) The exterior walls of all residences shall be constructed of aluminum or stucco or vinyl siding or brick, which brick may be new, ornamental, secondhand or painted. Other materials, with DEVELOPER'S or Property Owners' Association’s approval, may be used in gables or exterior walls above the plate line (First floor ceiling line).

(b) Pre-cast concrete blocks are permitted for use in piers, provided however, where used thereby elevating the residence above ground, a chain wall shall be built along the front and side walls, which chain wall shall be constructed of brick or concrete blocks, with a brick veneer. Finishing of chain wall with other decorative materials shall be permissible upon prior approval of DEVELOPER or Owner's Association to whom powers are delegated.

(c) No small buildings of a temporary or permanent character shall be erected, except of the same material used in the main residence, and such outbuildings shall be limited to breezeways, storage sheds, barbeque houses or separate garages.

(d) All roofs shall be covered with asbestos shingles, mineral coated asphalt shingles, or fire retardant wood shingles. Built up asphalt roofs shall be permitted on fat surfaces covering area such as deck areas or carport areas. No roof shall be covered with an exposed metal material, including without limitation, metal or tin shingles.

(e) There shall be no houses erected of material that has been wholly prefabricated, and only houses of an individual nature shall be erected. This provision shall not apply to cabinets, doors or other fixtures which have been fabricated in shops or factories, and which are incorporated into the house. No existing houses or buildings may be moved onto a lot or builder site.

(f) Each residential lot or site shall contain one mailbox with the design pole used therein, being any of the design poles shown on Exhibit "A" attached hereto. No other type of mailbox pole shall be permitted. Each such mailbox pole shall be constructed of cast aluminum c of poly steel material.

 

7. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plats and over each lot. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

There is specifically prohibited the construction of any improvements within said servitude area, including without limitation, bulk heading, wharves, docks, etc., without first obtaining the written consent of the Terrebonne Parish Consolidated Government, and without first submitting any such plans for improvements to DEVELOPER and thereafter, receiving the written approval and consent of the DEVELOPER. DEVELOPER shall have a period of thirty (30) days from date of submission of plans to either approve or deny any such request for improvements within the drainage servitude area. Under no circumstances shall any lot owner construct improvement; which would unduly interfere with the use and purposes of such area for drainage.

 

8. (a) No noxious or offensive activity shall be carried on or engaged in upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood

(b) Outboard motor boats and/or other recreational vehicles shall be parked and/or stored either in the garage or under the carport, or in the backyards of each residence, the parking or storing of such boats or vehicles in the front yards, or on the street fronting said residence being expressly prohibited.

(c) No business or commercial enterprise shall be erected, established, maintained, operated or carried on upon any lot.

(d) The installation, maintenance or operation of any short wave radio station, commonly known as "ham" stations, shall be prohibited.

(e) The streets of this subdivision are primarily for the benefit of the residents thereof and no resident may use the same for the purpose of parking commercial vehicles, old automobiles, or any other purpose of semi-commercial nature.

 

9. Provisions have been made by the DEVELOPER for the installation of all utilities underground, and no lot owner may erect aboveground any extension of said utilities, except wit: the approval of DEVELOPER All electrical services to houses erected in the subdivision shall be placed underground and that portion from the terminals of the utility company's power line to this residence shall be installed by the lot owner at his own expense. All primaries and secondaries shall also be placed underground. Ornamental street lighting standards serviced from underground wires shall be placed at proper intervals to adequately light the streets of the subdivision.

 

10. No temporary building of any nature, nor mobile homes shall be permitted on any lots in said subdivision. Accessory, buildings may be constructed of similar materials as the main dwelling, however, under no circumstances shall same be used for human habitation, with the exception of any accessory building constructed in connection with the main dwelling, which is to be used as a quest house or servants' quarters. The prohibition against mobile homes shall not b construed to prohibit lot owners from parking recreational vehicles on the subject lots, provided same are kept in garages or carports, or stored to the rear of the subject lot behind the main residential dwelling, and are not used as temporary or permanent living structures.

 

11. No sign of any kind shall be displayed to the public view on any lot except one (1) professional sign of not more than one (1) square foot, one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sale period. DEVELOPER, during the sales period of lots in the development, shall be exempt from the provisions contained herein.

 

12. No oil, drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or on any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

 

13. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for any commercial purpose.

 

14. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

 

15. The lots shall not be filled by the owners or anyone else above the grade set for the entire subdivision by the DEVELOPER. Al lots have the same grade. This does not prohibit terracing around the main building a reasonable distance, or terracing for flower beds.

 

16. The DEVELOPER shall have the right to cut grass on any vacant lot and unimproved lot whenever it deems it necessary (but not more than once a month), and the owner thereof shall be
assessed a charge of $50.00 per lot for each cutting, which charge shall constitute a lien against the property.

 

17. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two (2) feet and six (6') feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines, and a line connecting them at a point twenty-five (25') feet from the intersection of the street lines, or in the case of a rounded property corer from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10') feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distance of such intersections, unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines.

 

18. (a) The restrictions contained herein shall constitute covenants running with the land to which they are made applicable herein above and shall remain and be binding on all of the
parties and all persons claiming under them for a period of 25 years from the date of recordation in the appropriate public records in the parish in which the land is located.

(b) Said restrictions in whole or in part may be modified at any time during their existence or any extension as provided herein below, by agreement in writing executed by owners representing at least seventy-five (75%) percent of the land area affected by said restrictions exclusive of streets and their rights-of way. Prior to effecting any amendments, notice shall be sent to all lot owners in the area covered by the restrictions herein, addressed to their last known address, fixing a time and place for a meeting to discuss such proposed changes. In no event shall said meeting be held less than fifteen (15) days from date of posting of said notice.

(c) The restrictive covenants contained herein shall, at the end of the twenty-five (25) year period specified herein above, be automatically extended for successive periods of ten (10) years each, unless owners representing at least seventy-five (75%) percent of the land area included within coverage of said restrictive covenants, exclusive of streets and their rights of way, by agreement elect to terminate same for the whole or a part of the restricted area.

(d) Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages.

(e) Invalidation or any one of these covenants by judgment or court order shall in no way effect any of the other provisions which shall remain in full force and effect. IN FAITH WHEREOF, the duly authorized manager of RODNEY L. BURNS, L.L.C., (successor in interest to Rodney L. Burns, Inc. by virtue of merger), and the duly authorized manager of CALOG, L.L.C., have signed and executed this act on behalf of Sugar Pointe, L.L.C., as its duly authorized managers, on the day, month and year first above written, in the presence of me, Notary, and said witnesses, after due reading of the whole, and this act is recorded in the Conveyance Records of the Parish of Terrebonne, State of Louisiana, in order that each and every purchaser of any lot in SUGARWOOD, ADDENDUM NO. 3, PHASE B, may have full notice of the conditions, covenants and restrictions herein contained.