STATE OF ALABAMA

COUNTY OF MADISON

RESTRICTIONS

            KNOW ALL MEN BY THESE PRESENTS, That whereas the designated William F. Harbin, Jr. and wife, Angela Gayle Harbin, here after referred to as the Developer, are the owners of certain lands to be surveyed, subdivided, platted, and recorded in the Office of the Judge of Probate of Madison County, Alabama, in accordance with the laws of the State of Alabama for the subdivision of lands into lots; the said lands being specifically described as WOODRIDGE POINT of record in Plat Book 20, Page 88, in the Office of Probate of Madison County, Alabama; and,

            WHEREAS, the said William F. Harbin, Jr. and wife, Angela Gayle Harbin, desire to fix and establish certain restrictions as to the use and enjoyment of all the lots or parcels of land located in Woodridge Point in Plat Book 20, Page 88, In the Office of the Judge of Probate of Madison County, Alabama, 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 William F. Harbin, Jr. and wife, Angela Gayle Harbin, do by these presents establish and fix protective covenants and restrictions as to the future use of the lots or parcels of land located in Woodridge Point 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 William F. Harbin, Jr. and Randy Sharp.  A member of the Committee may designate a representative act for him.  In the event of death or resignation of any member of the committee, the remaining member shall have full authority to designate a successor.  Neither the members of the Committee, nor their designated representative shall be entitled to any compensation for services performed pursuant to this covenant.  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.  Plans and specifications shall be deemed submitted only if signed and dated by a member of the Architectural Control Committee.

            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 than 35 feet to the front lot line, or nearer than 25 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.            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.

            6.            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.

            7.            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 either temporarily or permanently.  Nor shall any structure be moved from an existing location and placed on any lot herein temporarily or permanently.

            8.            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 such signs as may be approved by the Architectural Control Committee, in its sole discretion, during construction and development of the herein subdivision.  The Architectural Control Committee may also in its sole discretion approve a temporary office on subject property, for the use of the developer only, during the development and sales period of the herein subdivision.

            9.            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.

            10.            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.

            11.            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.

            12.            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.  Fences added to the premises must be of acceptable quality and approved by the Architectural Control Committee.

            13.            Lot 6, Block 2 of Woodridge Point may be held by the Developer.  The Developer has the right, at its option, to create a recreational facility in form and quality to be determined solely by the Developer limited to the used and enjoyment of owners of lots in Woodridge Point and Anderson Hills Subdivision, their families and invitees.  The Developer shall establish rules and regulations governing the operation of said facility, including fees for the use thereof.  No owner of lots in the subdivision shall be required to join said recreational facility.  The Developer reserves the right, at its option, to transfer or an any way effect the conveyance of the said recreational facility to an entity comprised of owners of lots in Woodridge Point Subdivision and Anderson Hills Subdivision.  In the event the Developer desires to convey the above reference property to an entity comprised of owners of lots in the subdivision, the Developer shall notify the owners of all lots in the subdivision of its intention.  It shall then be the responsibility of the said lot owners to form an entity (association or corporation) within 90 days, the structure of which shall be subject to the approval of the Developer, in its sole discretion.  The Developer may convey the above referenced property, and the contemplated recreational facility, on such terms as may be determined by the Developer in its sold discretion.  In the event the terms of conveyance are rejected by the entity comprised of owners of lots in the subdivision, then the Developer shall have the right to resubdivide the subject property for sale as residential lots as herein provided.

            Nothing herein shall be construed or interpreted to obligate the Developer to create a recreational facility or to obligate the Developer to offer same to the lot owners as above set out.  The Developer may, at any time, resubdivide the herein Lot 6, Block 2, of Woodridge Point Subdivision into separate lots as part of and subject to the restrictive covenants of the herein subdivision.

            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.

            18.            All ordinances and planning commission requirements of the City of Huntsville and/or Madison County, Alabama, shall be complied with by the owners of the lots herein.

            IN WITNESS WHEREOF, William F. Harbin, Jr. and wife, Angela Gayle Harbin, have caused these restrictions to be executed on this the 8th day of August, 1988.