STATE OF ALABAMA

COUNTY OF MADISON

RESTRICTIONS:

ANDERSON HILLS SUBDIVISION

HUNTSVILLE, ALABAMA

 

            WHEREAS, Anderson Hills’ Properties, an Alabama partnership composed of First Services Corporation of Huntsville, Inc. and William Frank Harbin, Jr. is the owner of all the property embraced in what is know as Anderson Hills Subdivision, and said Addition is recorded in Plat Book 16, Page 82 in the office of the Judge of Probate of Madison County, Alabama; and

            WHEREAS, the said Anderson Hills’ Properties, an Alabama partnership composed of First Services Corporation of Huntsville, Inc. and William Frank Harbin, Jr. desires to fix and establish certain restrictions as to the use and enjoyment of all the lots or parcels of land located in Anderson Hills Subdivision, as said lots are laid down and platted in the Plat of Anderson Hills Subdivision, in Plat Book 16, at page 82, in the office of the Judge of Probate of Madison County, Alabama, to fix and establish restrictions as to the use and enjoyment of said lots or parcels of land know as Anderson Hills Subdivision, and thus protect all persons, firms or corporations that may in the future become the owners of said lots or parcels of land, or in any part thereof.

            NOW, THEREFORE, the undersigned Anderson Hills’ Properties, an Alabama partnership composed of First Services Corporation of Huntsville, Inc. and William Frank Harbin, Jr. does by these presents establish and fix protective covenants and restrictions as to the future use of the lots or parcels of land located in Anderson Hills Subdivision, as follows:

            1.            No lot shall be used except for residential purposes.  No dwelling shall be erected, altered, placed or permitted to remain on any lot other than a single family dwelling not to exceed two and one-half stories in height and a private garage.

            2.            A.            No building shall be erected, placed or altered on any lot until the construction plans and specifications and site plan showing the location of the structure have been approved by the architectural Control Committee, as to quality of workmanship and materials, harmony of external design with the existing structures, and location with respect to topography and finish grade elevation.

                        B.            The Architectural Control Committee is composed of Morris Anderson, Michael Nivens, and William Frank Harbin, Jr.  A majority of the Committee may designate a representative to act for it.  In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor.  Neither the members of the Committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.  At any time, the then record owner of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore to it any of its powers and duties.

                        C.            The committee’s approval or disapproval as required in these covenants shall be in writing.  In the event the committee or its designated representative fails to approve or disapprove with thirty (30) days after written plans and specifications and site plans have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.  Failure to submit plans and specifications shall toll the running of the 30 day period.

            3.            The floor area of the main structure shall not be less than 2500 square feet under roof, of which 1900 square feet must be heated area.

            4.            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 set back 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 15 feet to any side street line, and no building shall be located nearer than 15 feet to an interior lot line.  No dwelling shall be located on nearer than 40 feet to the rear lot line.  For the purposes of this covenant, eaves, steps and open porches shall not be considered as a part of the building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.  In the event the Architectural Control Committee shall decide, in its sole and absolute discretion, that strict enforcement of the setback lines and distances contained herein, would work unnecessary hardship in any specific case, then the Committee shall have the right to waive such requirements by giving notice in writing of such waiver in the Office of the Judge of Probate of Madison County, Alabama.

            5.              No dwelling shall be erected or placed on any lot having a width of less than 125 feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of less than 30,000 square feet, except that a dwelling may be erected or placed on lots as shown on the recorded plan, and no more than one dwelling shall be allowed per lot.

            6.            Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.  A right of pedestrian access by way of a driveway or open lawn area shall also be granted on each lot, from the front lot line to the rear lot line, to any utility company having an installation in any easement upon the property.

            7.            No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

            8.            No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence or office either temporarily or permanently.

            9.            No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than 12 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.

            10.            No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot.  No derrick or other structure designed for use in boring for oil or natural gas, shall be erected, maintained or permitted upon any lot.

            11.            No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose.

            12.            No lot shall be used or maintained as a dumping ground for rubbish or 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.

            13.            No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 4 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 line, or in the case of a rounded property corner from the intersection of the street property lines extended.  The same height-line limitations shall apply on any lot within 10 feet from the intersection of a tree property line and the edge of a driveway or alley pavement.  No tree shall be permitted to remain within such distances of said intersections unless the foliage line in maintained at sufficient height to prevent obstruction of such sight line.

            14.            These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them for a period of 25 years from the date of these covenants, after which time the restrictions and covenants shall be automatically extended for successive periods of 25 years unless an instrument signed by a majority of the then owners of lots has been recorded, agreeing to change said covenants in whole or part.

            15.            Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages.

            16.            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.

            17.            Once construction is commenced in the building of a residential home, the same shall be completed within a period of twelve (12) consecutive months.  Commencement shall mean the digging and pouring of the footing for the foundation.

            IN WITNESS WHEREOF, Anderson Hills’ Properties, an Alabama partnership, has caused these restrictions to be executed by its two partners on this the 7th day of October, 1986.