RESTRICTIVE COVENANTS:
(1) COVENANTS RUN WITH THE LAND:
These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until December 31, 1998, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the lots has been recorded, agreeing to change said covenants in whole or in part.
(2) ENFORCEMENT:
Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenants either to restrain violation or recover damages.
(3) INVALIDITY:
Invalidities of 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.
(4) ARCHITECTURAL COMMITTEE:
The five member board of directors shall assume all duties of the architectural committee in addition to its other duties. A majority of the committee may designate a representative to act for it. Neither the members of the committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. At any time the then record owners of the majority of the lots shall have power, through a duly recorded written instrument, to change the membershp of the committee, or to withdraw to the committee any of its powers and duties.
(5) COMMERCIAL ENTERPRISE
No commercial enterprise shall ever be operated on any lot or lots within any plat of Seven Bays Estates Unlimtied, with the following exceptions: Lots A, B, C, D of Plats 1 and 2; Lots 2, 3, & 4 of Block 2 of the Airport Addition, Lots 1 and 2 of Block 4 of Plat 3. This restriction shall not however, prevent the private renting of dwelling upon any lot.
(6) Mobile homes made by nationally known firms are allowable in the following areas with the approval of the architectural committee; All of Plats 1, 2, 3, 4 and Fry's Addition, and Block 2, 3, 4 and 5 of the Airpot Addition.
Mobile homes on plats 1 and 2 and Fry's Additional shall be a minimum size of ten (10) feet by fifty (50) feet.
Mobile homes on the Airport Addition must be a minimum size of twenty (20) feet by forty (40) feet.
Mobile homes on plats 3 and 4 must be a new doublewide, not less than 900 square feet floor space and must be placed on permanent concrete foundations.
All mobile home skirting shall be completed within sixty (60) days after mobile home is in place.
Suggested Changes
Define duties of architectural committee.
Change to:
Nothing herein shall prohibit commercial usage on any lot if such commercial usage is duly permitted by all applicable governmental and other authorities provided that any business or commercial operation does not annoy or adversely affect the use, value, occupation and enjoyment of adjoining property or of the general community. Commercial enterprises shall not create a nuisance in the community. No refuse, unsightly or abandoned vehicles, debris, noxious material, disregarded personal effects, construction material, or similar matter shall be permitted. No commercial enterprise shall be permitted that deals with hazardous waste or is detrimental to the environment.
Find better definition than nationally known firms. Perhaps mobile homes not greater than 4 years old.
Lots on the Airport shall require a hangar with a door span of not less than 35 feet.
Make all mobile home installations pit sets.
No outdoor signage shall be permitted advertising the existence of any commercial enterprise.
Commercial enterprise falls principally within the definition of 'home based business' and no business shall be permitted where the operation of the business entails more than four (4) customers regularly traveling to the business per day.
