Restrictive Covenants

WHEREAS, the undersigned, Walter C. Smith, Jr. and Ida L. Smith, husband and wife, constitute the sole owners of that real property in the County of Mobile, State of Alabama, described as follows:

Tara Estates according to a plat thereof recorded in Map Book 20, Page 89, of the records in the office of the Judge of Probate of Mobile County, Alabama;

WHEREAS, the undersigned are desirous of having said property become subject to the hereinafter set forth restrictions, NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that, in consideration of the premises and the mutual covenants herein contained, and the sum of One Dollar ($1.00) cash in hand paid by the parties hereto to the other, it is hereby agreed that said property shall became subject to the following restrictions:

1. USE: All lots in said subdivision shall be known and designated as residential lots. No building or structure shall be erected, altered, placed or permitted to remain on any residential building lot other than one detached single-family dwelling not to exceed two stories in height and a private garage, servants' quarters and appropriate outbuilding. No building, temporary or otherwise, shall be erected or brought onto such property, for residence purposes, previous to the commencement of construction of the permanent residence on such lot.

2. DWELLING REQUIREMENTS: No dwelling house or residence shall be erected on any lot, the ground floor area of which, exclusive of verandas, open porches (not having exterior walls) garages, breezeways, carports, and patios, shall not be less than 2000 square feet for a one story dwelling nor less than 1200 square feet for a dwelling of more than one story, nor less than 2000 square feet in total living area.

3. ARCHITECTURAL CONTROL: No building shall be erected, placed, or altered on any building plot in this subdivision until the building plans, specifications and plot plan showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the subdivision, and as to location of the building with respect to topography and finished ground elevation, by a committee composed of Warren M. Webster, Mrs. Dorothea Webster, Walter C. Smith, Jr. and Mrs. Ida L. Smith, or by a representative designated by a majority of the members of said committee, nor until a copy of the building plans, specifications and plot plan shall be deposited with such committee, to be retained by such committee until the building be completed. In the event of death or resignation of any member of said committee, the remaining member or members, shall have full authority to approve or disapprove such design and location, or to designate a representative with like authority. In the event said committee, or its designated representative fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, or, in any event, if no suit to rejoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approva1 will not be required and the covenant shall be deemed to have been fully complied with. Neither the members of such committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. The powers and duties of such committee, and of its designated representative, shall cease on and after January 1, 1990. Thereafter the approval described in this covenant shall not be required unless, prior to said date and effective thereon, a written instrument shall be executed by the then record owners of a majority of the lots in the subdivision and duly recorded appointing a representative, or representatives, who shall thereafter exercise the same powers previously exercised by said committee.

4. LOT AREA: No residential lot shall be resubdivided into, nor shall any dwelling be erected or placed on, any lot having an area less than two (2) acres, other than original lots, and frontage of less than 150'.

5. BUILDING LOCATION: No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event no building shall be located on any lot nearer than 35 feet to the front lot line, or nearer than 35 feet to any side street line. No building shall be located nearer than 15 feet to an interior lot line, except that a 10 foot minimum side yard shall be permitted for a garage or other permitted accessory building located 40 feet or more from the minimum building setback line. No dwelling shall be located on any interior lot nearer than 25 feet to the rear lot line. The Architectural Control Committee shall have the right upon application and examination to alter the restriction with reference to the location of a dwelling closer to the rear lot line than is herein permitted. For the purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building, on a lot to encroach upon another lot.

6. NUISANCES: No noxious or offensive trade or activity shall be carried on or maintained on any lot in said subdivision, nor shall anything be done thereon which may be or become an annoyance or a nuisance in the neighborhood.

7. TEMPORY RESIDENCES AND GARAGE APPARTMENTS: No trailer, basement, tent, shack, garage, barn or other outbuilding shall at any time ever be used as a residence, temporarily or permanently, nor shall any structure of temporary character ever be used as a residence. No garage apartment shall ever be used as a residence, except for servants' quarters. In the event a structure is commenced as a dwelling and the owner is unable to complete the exterior, or after commencement of construction and before completion abandons the construction and the same remains in its uncompleted or abandoned state for a period of more than 6 months, the Architectural Control Committee shall have the right to require the owner to demolish and remove the structure or after having been given notice so to do and the owner does not comply for a period of 60 days the Architectural Control Committee may have the same demolished or removed at the expense of the property owner.

8. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than two square feet, one sign of not more than 5 square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

9. GARBAGE AND REFUSE DISPOSAL: 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.

10. FENCES: All fences are to he kept in good repair.

11. WATER SUPPLY: No individual water supply system shall be permitted on any lot unless such system is located, constructed and equipped in accordance with the requirements, standards and recommendations of the Alabama Board of Health.

12. EASEMENTS: An easement is reserved over and across said lots in said subdivision for the purpose of installing, repairing and maintaining or conveying to proper parties so they might install, repair and maintain electric power for the lots in said subdivision and all contracts and conveyances covering any of said lots are hereby made subject to this easement. All the easements shown on the recorded plat of said subdivision are hereby adopted as part of these restrictions.

13. SEWAGE DISPOSAL: No individual sewage-disposal systems shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the Alabama Board of Health.

14. SIGHT DISTANCE AT INTERSECTIONS: 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 property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight-line limitation shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree 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.

15. SEVERBILITY: Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

That said covenants, restrictions and limitations shall run with the land and shall be binding on all parties and persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless instrument signed by a majority of the then owners of the lots in such subdivision has been recorded, agreeing to change said covenants in whole or in part; and

If the Declarant, or its successors or assigns, or any such future owner or owners, or the successors, heirs or assigns of any such future owner or owners, shall violate, or attempt to violate any of the covenants herein, it shall be lawful for any person or persons owning any real property situated in said subdivision, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and, either to prevent such person or persons from so doing, or to recover damages for such violation.

IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals on this the 31st day of May, 1971.

[Signed by:]
Walter C. Smith, Jr.
Ida L. Smith

State of Alabama
County of Mobile

I, the undersigned notary public in and for said state and county, hereby certify that Walter C. Smith, Jr. and Ida L. Smith, whose names are signed to the foregoing instrument, and who are known to me, acknowledged before me on this day that, being informed of the contents of the instrument, they executed the same voluntarily on the day the same bears date.

Given under my hand and notarial seal this the 31st day of May, 1971.

Dorothea R. Webster, Notary Public, Alabama State at Large

My commission expires 4/28/74

[In handwriting]
This instrument prepared by:
Walter C. Smith, Jr.
Rt 5, Box 78E
Mobile, Alabama

Filed on August 9, 2:35pm 1971, John L. Moore, Judge