BROOKLEIGH HOA PROTECTIVE COVENANTS

DOWNLOAD COPY

Know all men by these presents that the undersigned, Carleton Financial Corporation, a Mississippi corporation, being the owner of all that certain land and property lying and being situated in the First Judicial District of Hands County, Mississippi, consisting of Lots one (1) through twenty-five (25) and known as Brookleigh Subdivision, Part II, a subdivision according to a map or plat thereof on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi, in Plat Book 34 at page 10 thereof, and being desirous of imposing certain protection of itself and all future owners and purchasers of residential lots lying and all future owners and purchasers of residential lots lying within said subdivision, does hereby covenant and agree respecting all said lots in said Brookleigh Subdivision, Part II, with all purchasers and future owners of each and any of said lots, that from this date until October 1, 2007, thee following protective covenants shall apply to each and every one of the above lots to-wit:

1.      All lots shall be used for residential purposes only. No building shall be erected, altered, placed or permitted to remain on nay lot other than one detached single-family dwelling not to exceed two stories in height, plus a basement, if applicable, and a private garage for the use of the occupants of such single-family dwelling.

2.      The term “residential purposes” shall generally be defined as single-family homes, and shall exclude all commercial and professional uses, and among other things, garage apartments, apartment houses, duplex and multi-family residences, profit or nonprofit nursing homes, hospitals, and other similar private or charitable enterprises, and any and all such usages of this property are hereby expressly prohibited.

3.      No garages or outbuilding on said property shall by used as a residence or living quarters, except by servants engaged on the premises during the terms of their employment.

4.      No animals will be permitted to remain in Brookleigh Subdivision, Part II, except dogs and cats as pets, and no fowl except that are caged as inside pets.

5.      No trash, ashes or other refuse may be thrown or dumped on any of the lots.

6.      No Building material of any kind or character shall be placed or stored upon the said property until the own is ready to commence improvements. Building material shall not be placed or stored in the street or between the curb and property line.

7.      Grass, weeds, and vegetation on each lot bought shall be kept mowed at regular intervals by the owner, so as to maintain the same in a neat and attractive manner. Trees, shrubs, and plants which die shall be promptly removed from such lots. The above restrictions apply to all lots purchased before and after a home is built on the lot. Until a home or residence is built on a lot, Carleton Financial Corporation, may, at its option and in its discretion, have dead trees removed from the property and mow and remove debris, and the owner of such lot shall be obligated to reimburse the corporation for the cost of such work should he refuse nor neglect to comply with the terms of this paragraph.

8.      No fences, wall or hedge shall be placed on any of the said lots nearer to any street than is permitted for the house on said lot. Chain link type fences are specifically prohibited.

9.      No clothesline shall be erected or maintained on any of said lots, nor shall laundry be hung, where exposed to view of the public or other lot owners; provided, however, that such usages shall be permissible where a fence is constructed of cedar, cypress, redwood, or brick, which fence shall be of sufficient height and density to screen such clothesline and laundry from view.

10.  No television satellite dish shall be erected or maintained on any of said lots where exposed to the view of the public or other lot owners; provided, however, that such usages shall be permissible where a fence is constructed of cedar, cypress, redwood, or brick, which fence shall be of sufficient height and density to screen such television satellite dish from view.

11.  Other restrictions applicable to each lot may be made by appropriate provision in the deed, without otherwise modifying the covenants and provisions contained herein, and such other restrictions shall inure to the benefit of all parties in the same manner as through they had been originally expressed herein.

12.  If a garage, servants’ house or other outbuilding is made an integral part of the residence, or is connected thereto, the set back distances from lot lines become identical with those stipulated for the residence itself.

13.  No tent, shack, basement, trailer, barn or other outbuilding erected or located on any of the above described lots shall at any time be used as a residence, either temporary or permanent, nor shall any structure of a temporary character be used as a residence.

14.  No house trailer shall be permitted in Brookleigh Subdivision, Part II, at any time, whether used for residential purposes or not. Camper trailers, motor homes, large boats and/or boat trailers may be parked only if a cedar, cypress, redwood or brick screening fence, not less than six feet (6’) in height, is installed around the entire backyard of said lot.

15.  No privy, cess-pool, septic tank field or disposal plant shall be erected or maintained on any of the said lots, and all residence and outbuildings shall have the plumbing connected to the available sanitary facilities.

16.  No obnoxious or offensive trade or activity shall be carried on the above described lots, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.

17.  No lot or lots may hereafter be subdivided so as to create a building plot with a frontage of less than that originally platted and an area of less than Nine Thousand Five Hundred (9,500) square feet; however, nothing in this paragraph shall profit the building of a residence on any lot of said subdivision as originally platted.

18.  A lot owner, in building or causing to be built the original dwelling on any lot in Brookleigh Subdivision, Part II, shall not substantially duplicate the exterior elevation, including design or architecture, of any other dwelling then existing on the same street within two hundred fifty feet (250’) within said Brookleigh Subdivision, Part II. For the purpose of this paragraph, a dwelling shall be considered in existence from the time excavations for the foundations are begun until said dwelling is removed from the development or is destroyed.

19.  No dwelling shall be permitted on any lot at a cost exclusive of lot, of less that Thirty-Five Thousand Dollars ($35,000.00), based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of this covenant to assure that all dwelling shall be a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The livable finished area of the main structure, exclusive of open porches and garages, shall not be less than one thousand four hundred square feet (1,400).

SET BACK RESTRICITONS:

20.  No building shall be located on any lot in BROOKLEIGH SUBDIVISION, PART 11, nearer than twenty-five (25) feet to front lot line. No building shall be located on any lot than five (5) feet to any side lot line of exterior the nearer lots provided, however, that in the event a dwelling is constructed on a lot more than five (5) feet from the side lot line, the dwelling on the adjoining lot may be constructed not less than five (5) test from the side lots line and not less than ten (10) teeth from said adjoining residence. No building shall be located on any lot nearer than twenty (20) feet from the back or rear lot line, nor nearer than fifteen (15) feet from a side street line Eaves of the building located within the set back lines provided in this paragraph may extend across said set back lines but shall not extend across any lot lines. Accessory buildings, when detached from the main building shall be set back to the rear of the rear line of the main building on said lot and shall be screened from a street view by a cedar, cypress, redwood, or brick fence, not less than six feet (6') in height, and said accessory building shall not be located nearer than two feet (2') to the side lot line.

21.   A lot owner, in building or causing to be built dwelling on any lot in BROOKLEIGH SUBDIVISION, PART 11. shall include a carport or garage accommodating not less than two automobiles. Carport in generally defined as structure not being completely enclosed and not having overhead doors at the entrances. Garage is generally defined as a structure completely enclosed, including overhead doors at entrance. In the event a carport as defined above, is built, it shall be attached in the rear of the dwelling.

22.  In the event any person shall own two or more adjacent building lots, and shall desire to construct a dwelling occupying a portion of both said adjoining lots as a building site, then the restriction as adjoining lots shall to the dividing line between the said not apply insofar as it restricts the placing of any dwelling nearer than the number of feet set out in No. 20 to a side lot line, but all other restrictions herein contained shall apply to the same extent as if said dwelling had been built on a single building lot.

23.  All easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of BROOKLEIGH SUBDIVISION, PART 11.

24.  All of the restrictions and covenants appearing herein as well as those appearing in a deed or other conveyance of any of said lots shall be construed together, but if any one of same shall be held to be invalid by judgment or court decree, for any other reason is not enforced or enforceable, none of the others shall be affected or impaired thereby, but shall remain in full force and effect.

25.   If any owner or owners of any lot so subdivided and platted, is hereby bound by these covenants, or their heirs, devises, assigns in successors in title, shall violate or attempt to violate any of the covenants herein, any other person persons owning any of said lots may prosecute any proceedings law or in equity against the person or persons violating any such covenants, either to prevent him or them from so doing, or to recover damages for such violation. All of the terms and provisions set forth and contained herein shall be specifically enforceable.

These covenants shall run with the land and shall be binding upon all parties and all them until at which time parties and all persons claiming under the covenants shall be automatically extended thereafter for successive ten (10) year periods, unless the majority of the then owners of lots in BROOKLEIGH SUBDIVISION. PART 11, shall by written instrument filed and recorded in the office of the Chancery Clerk of the First Judicial District of Hinds County at Jackson, Mississippi, at any time after agree that these covenants shall either be changed in whole or in part, or agree that the same shall be terminated and rendered null. void and of no further effect. These covenants may be revised and amended by the expressed written consent of the owners of at least 75% of the lots.

IN WITNESS WHEREOF, CARLETON FINANCIAL CORPORATION Mississippi corporation has executed the above and foregoing instrument of Protective Covenants on this the 13 day of October 1987.

CARLETON FINANCIAL CORPORATION

By: Jerry Jackson, Vice President

STATE OF MISSISSIPPI

COUNTY OF HINDS

Personally appeared before me, the undersigned Notary Public in and for the jurisdiction aforesaid, Jerry Jackson, Vice President, of the above named Carleton Financial Corporation, a corporation, who acknowledged that for and on behalf of said corporation. he signed and delivered the above end foregoing instrument of writing on the day and year therein written as the Act and deed of said corporation, being thereunto authorized so to do.

Given under my hand and official seal of office, this the 13 day of October, 1987.

PETE MCGEE CHANCERY CLERK

My Commission Expires 1-3-88

STATE OF MISSISSIPPI, County of Hinds:

I, certify that the within instrument was filed for record in my office this 14 day of October 1987, at 9:15 o'clock AM, and was duly recorded, on the 15 day of October, 1987. Book No. 3420 page 63 PETE MCGEE, CHANCERY CLERK