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Shenandoah North Subdivision |
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Parish of East Baton Rouge BEFORE ME, the undersigned Notary Public, personally came and appeared PETER N. SIMON, JR., appearing herein as President of Autumn Wood, Inc., he being duly authorized to represent the Corporation herein, who, after being duly sworn, did declare: That Autumn Wood, Inc. is that owner of Lots 1 through 131, inclusive, Shenandoah North Subdivision, situated in East Baton Rouge Parish, Louisiana, all according to the official plan of Shenandoah North Subdivision, made by Wiggins and Associates, Inc., Consulting Engineers, on file and of record in the office of the Clerk and Recorder for the Parish of East Baton Rouge, Louisiana. Appearer, on behalf of Autumn Wood, Inc., does hereby establish the
following protective covenants and restrictions affecting all of the above referred to lots in
said Shenandoah North Subdivision, which protective covenants and restrictions shall run
with the land and shall be in favor of each and all of the lots in Shenandoah North
Subdivision, Lots 1 through 131, inclusive, and shall be in favor of the Shenandoah North
Subdivision Council, Autumn Wood, Inc., and anyone or more of the other owners of lots
in the subdivision, and shall be binding upon the purchaser, owner or occupant of any of
the property above described, their heirs and assigns, the restrictions to be as follows:
p> 1.  The Shenandoah North Subdivision Council shall be
composed of Ronald Richard, Baton Rouge, Louisiana, Joyce Nicolle, Baton Rouge,
Louisiana and Margarette Rogers, Baton Rouge, Louisiana. A majority of the Council may
designate a representative to act for it. In the event of death or resignation of any
member, the remaining members shall have the full authority to designate a successor.
Neither the members of the Council, nor its designated representatives, shall be entitled
to
any compensation for services performed in connection with the administration of its
functions. At any time, the then owners of record of a majority of the lots shall have the
right and privilege, by executing and recording in the Parish of East Baton Rouge, an
appropriate written instrument, to change the membership of the council or to withdraw
from the Council, or restore to it , any of its powers and duties. The decision of the
Council in any instance where required or in the event of any dispute or controversy
involving the interpretation of these requirements shall be final and non-appealable.
p> 2.   No building shall be erected, placed altered, or remodeled on any lot until the specifications and plans have been approved by the Shenandoah North Subdivision Council as to the quality of workmanship and materials, harmony of exterior design with existing structures, location with respect to topography and finish grade elevation, including landscaping plans, a copy of the plans shall be furnished 30 days prior to obtaining a building permit. The Council shall have the authority to retain one copy of the plans and specifications after approval or disapproval has been given. 3.   Any building so erected, placed, altered or remodeled shall be constructed exteriorly of brick, brick veneer, stucco, cedar wood, redwood, or stone. No building shall be erected, placed altered or remodeled exteriorly with asbestos, metal siding, composition board, or other manmade material, without the expressed written consent of the Shenandoah North Subdivision Council, whose determination shall be at its sole discretion and shall be final and non appealable. 4.   For each individual residence constructed, there shall also be constructed a two (2) car garage, or carport, compatible in design, and with the following stipulations: each garage will have an automatic door closing device if the garage opens to a public street. The above subject to exception if approved by the Shenandoah North Subdivision Council. The garage will be subject to the same placement provisions as in Paragraph 8 and 9. and will be placed a minimum of twenty (20’) feet from the front lot line as shown in the official plan. 5.   The Shenandoah North Subdivision Council’s approval or disapproval as required in these restrictions shall be in writing. No construction, alteration or remodeling shall be commenced until the plans, specifications, and plot plans have been approved by the Council as provided in Paragraph 2 above. In the event the Council or its designated representative fails to approve or disapprove the plans within 30 days after the plans have been submitted, then approval will not be required and these restrictions shall be deemed to have been fully complied with. 6.   No building shall be located on any lot nearer to the front property line than the setback line shown on the official plan of these lots referred to above. For the purposes of this paragraph, open porches shall be considered as part of the building. 7.   Each individual building erected, placed, altered or remodeled, shall be placed on the designated side of the lot as shown on the official plan. This side of the lot shall hereinafter be referred to as the Zero lot line side. It shall be permitted to place the building on the lot line on that side of the lot as designated on the official plan. No building shall be erected, placed, altered or remodeled any closer then five (5’) feet from the property line opposite the Zero lot line as designated on the official plan.,/p> 8.   No maximum setback line is established; however, there will be a minimum of 20’ building setback line. 9.   There shall be a minimum of 1,200 square feet of living area in each living unit, and there shall be no more then one living unit constructed on any one lot. A two story residence shall contain no less than 1,000 square feet on the ground floor. The determination of “living area” shall exclude open porches, screened porches, breezeways, patios, outside or unfinished storage or utility areas, garages and carports. 10.   For the purpose solely of performing exterior maintenance and repairs on the improvements along the side of his property on which the improvements extend to the Zero lot line side, each lot owner is granted a five (5) foot private servitude by the owner of the lot adjacent to the said side line with the said property line five (5) feet to the interior of and running the full depth from front to rear of the said adjunct lot, all as is shown on the final plat, and pursuant thereto, each lot owner shall have the right after reasonable notice to the said owner of the adjacent property to enter upon the said private servitude at reasonable hours on any day except Sunday. 11.   No building shall be erected, placed, altered or remodeled on any lot of a height exceeding two (2) stories and shall be constructed primarily as a residential building or a service building to said residential building. 12.   Servitudes for the installation and maintenance of utilities, sewerage, passage and other public purposes are reserved as shown on the official plan referred to above. 13.   No animals except domestic pets shall be kept on any lot and in the event such domestic pets are kept, they shall at all times be kept either in the apartment or residence or in a completely fenced yard. 14.   No fence shall be erected on any lot closer to the street than the minimum building set back line, nor shall any fence be erected on a lot that does not have a building constructed on it unless this lot is to be used in conjunction with a building constructed on an adjoining lot. No fence or screening barrier shall be constructed of corrugated metal or concrete block and no chain link fence shall be erected on any lot beyond the front of the building on the lot. 15.   No structure of a temporary character, trailer, basement, tent, shack, shed, garage, barn, or other building shall be used on any lot at any time as a residence or a place of business either temporarily or permanently except movable construction shacks or trailers during the construction period only. This provision shall not apply for temporary living quarters required for a security guard during the period of construction. No structure in addition to the main building shall be constructed of materials which do not conform in every respect to the exterior construction of the main building constructed on the lot. All heatilator pipes to be boxed in if placed to the front of the roof. 16.   No person shall provide or install a method of sewerage treatment other than connection to a sanitary sewer system. All swimming pool filter systems and other equipment shall conform to that required by the East Baton Rouge Parish Government Authority. Each living unit shall have a separate sewage and water connection unless waived by the Shenandoah North Subdivision Council. 17.   The outside structure of any building must be completed within 18 calendar months after the pouring of the foundation for the building. 18.   All purchasers must maintain their property free of debris, high grass and weeds, except during construction. The Shenandoah North Subdivision council shall give notice by certified mail to any owner who does not maintain his property. If the property has not been maintained within 30 days from the date of receipt of the notice by the property owner, the Shenandoah North Subdivision Council may maintain the property free of high grass, weeds and debris and the owners of such lots shall be obligated to pay this expense together with reasonable costs of collection, including attorney’s fees. 19.   No permanent billboard shall be constructed on any lot. This provision will not prohibit the erection of a sign identifying the premises and rental information provided the size and design is approved in writing by the Shenandoah North Subdivision Council as a part of the plans and specifications. A temporary sign may be installed during the period of construction in order to give notice to future tenants or purchasers of the nature of the premises to be let or sold. 20.   No boats, vehicles, campers or trailers of any kind or parts or appurtenances of any boats, vehicles, campers or trailers shall be kept, stored, repaired or maintained on any street or on any lot nearer to the street than the minimum building set-back line, nor shall they be kept, stored, repaired or maintained on any lot behind the minimum building set-back line in any manner which would detract from the appearance of the subdivision. 21.   Each owner of the lot occupied by a living unit shall be responsible for the care of the grass, trees, shrubbery, flowers, fences and driveways located on that lot and they shall be maintained in a reasonable fashion with continuity. p> 22.   Each owner of a lot occupied by a living unit shall keep the exterior of said living unit reasonably maintained, including garages or carports, and including the painting, repairing or replacement of roofs, gutters, downspouts, and exterior building services. 23.   In the event any owner of a lot occupied by a living unit does not provide the reasonable maintenance provided for in the two preceding paragraphs, a majority of the other owners of the lots may give the delinquent owner 30 days written notice of his maintenance deficiency and if said delinquent owner fails to correct said deficiency within 30 days thereafter, said majority owners may cause said deficiency to be corrected at the expense of the delinquent owner. If any owner fails to discharge this obligation, the Shenandoah North Subdivision Council may cause the deficiency to be corrected, and the owners of such lots shall be obligated to pay this expense together with reasonable costs of collection, including attorney’s fees. 24.   Tract A and B shall be designated as commercial zoning. 25.   These restrictions are to run with the land and shall be binding upon all persons claiming under them for a period of 35 years from the date these restrictions are recorded, after which time these restrictions shall be automatically extended for successive periods of ten years unless an instrument signed by the majority of the owners of the lots has been recorded agreeing to change the restrictions in whole or in part. 26.   Enforcement of these restrictions shall be by proceedings at law against any person violating or attempting to violate any restrictions, or failing to comply with the mandatory exterior maintenance above mentioned, either to restrain use and occupancy of the property until the restrictions are fully complied with or to recover damages for the violation of the restrictions. 27.   These provisions are separable and invalidation of any one of these restrictions by judgment or court order shall in no manner affect any of the other restrictions which shall remain in full force and effect. THUS DONE AND SIGNED at my office in Baton Rouge, Louisiana, this 21st day of August, 1979 in the presence of the undersigned competent witnesses and me, Notary. p> (Transcribed copy of Shenandoah North Subdivision restrictions) |