Summerset Estates Covenants
and Restrictions *
1 . Said lots or parcels of land shall be used exclusively for residential
purposes, and no duplex house, apartment house or garage apartment shall be built
thereon; no residence shall be erected thereon having less than 1,600 square feet of
usable floor space, exclusive of basement, porches, breeze ways, garages, utility rooms
or patios.
2. Each residence shall have a solid foundation faced with 30% brick or stone
I and be erected to meet the specifications of standard building codes, good building ,
practices and good workmanship, and to meet the minimum construction requirements
of Federal Housing Administration and the Veterans Administration and shall not be
faced with composition brick or other simulated materials. Any residence erected
thereon shall be equipped with sanitary fixtures and connected to an approved sewer
system.
3. No building shall be erected nearer than 50 feet to the front lot line or nearer
than 10 feet to the side lot line.
4. No commercial or industrial activities shall be carried on upon any lot; the use
and occupancy of said property shall be limited to dwelling and living purposes; nor
shall anything be done thereon which may be or become an annoyance or nuisance to
the neighborhood.
5. No Trailer, mobile home, basement, tent, shack, garage, barn or other
outbuilding shall at any time be used as a residence temporarily or permanently, nor
shall any structure of a temporary character be used as a residence.
6. No livestock of any kind shall be kept on any of the lots of said subdivision
other than such pets as cats, dogs or birds, usually kept in a house.
7. Each owner of a lot, upon construction of a residence will be required to tap
on to a properly constructed sewer line serving this area.
8. Each lot purchased will be cleared of underbrush back at least 100 feet from
the lot line within a reasonable length of time after purchase. Thereafter, the lot shall
be maintained in this manner and condition until such time as construction begins.
9. When a residence is constructed upon said lot, provision will be made for off-
street parking for at least one automobile if lot is adaptable for this purpose. A garage
or carport if used as such shall constitute a provision for off-street parking.
10. No storm or roof water shall be permitted to enter the sanitary sewer serving
this property; all taps made thereto except where a "Y" is in place, shall be made by
a reputable sewer man .
11. No. Grantee, successor, heir or assign shall construct any street, alley or
thoroughfares over or through any lot in this subdivision.
12. Fuel oil storage tanks, if used, shall be concealed underground wherever
practical.
13. No lots shall be re-subdivided by any Grantee, successor, heir or assign into
lots smaller than those shown on the map of the subdivision applicable to said lot at
the time it is originally sold by the Grantor herein.
For the considerations aforesaid :
1. The Grantor herein grants unto the Grantee easements in, over, through and
across each lot for the purpose of constructing, maintaining, repairing and replacing
lines of utilities, ample water drainage, including but not limited to gas, water, electric,
telephone, sanitary sewer and storm sewer for the common use and benefit of all of
the owners of lots in said subdivision now or hereafter laid out and other adjoining and
nearby lands, but said easements shall be located, used and enjoyed in such a manner
as not unreasonably to disturb or damage said lots or interfere with the ordinary use
and enjoyment thereof .
2. The Grantor further grants unto the Grantee the right to use or permit the use
of all streets and alleys in said subdivision now or hereafter laid out for street purposes
and for the location and installation of sewer, water, gas, electric, drainage, and
telephone lines and other utilities, and also grants the right to make any alterations or
amendments of and to the map or maps of said subdivision now or hereafter laid out
or subsequent revision thereof that it may desire including changes in the lot lay-outs
and the streets and alleys, provided that no change shall be made in lots already sold
and that there shall always be free access to lots sold and no lots shall hereafter be cut
off from any street or alley on which the same abuts.
The covenants and conditions herein above set forth shall run with the land and
shall be binding upon all parties and all persons claiming under then for a period of
thirty (30) years from the date these covenants are first recorded. After which time
they shall be automatically extended for Successive periods of ten ( 10) years unless an
instrument signed by a majority of the then owners of the lots has been recorded
agreeing to change said covenants in whole or in part. The covenants and conditions
of this deed may be amended during the first thirty (30) year period by an instrument
signed by not less than ninety (90) per cent of the then lot owners and properly
recorded and thereafter by an instrument signed by not less than seventy-five (75) per
cent of the lot owners and properly recorded .
This instrument is made subject to all lawful restrictions, reservations,
covenants and conditions, made and contained in prior deeds in the chain of title to the
above described real estate.
* please refer to deed of record at courthouse for actual covenants and restrictions