Mingo Estates Civic Association

Deed Restriction Information for Mingo Residents

Deed Restrictions

1. No bill boards, signs or advertising device of any kind other than a "for sale" or "for rent" sign shall be erected, placed or suffered to remain on said premises.

2. No intoxicating liquor shall be manufactured or sold on said premises.

3. No present or future owners of all or any part of said lot shall occupy any garage or any unfinished building or dwelling house whether for temporary or permanent residence, and no garage shall be erected on said lot or any part thereof except contemporaneously with or subsequently to the erection of the dwelling house built on said lot.

4. The lot hereinbefore described and as platted and recorded shall be used for private residence purposes only.

5. No house or building or structure, except fence (which shall be of reasonable height) shall be erected in said addition nearer than ten (10) feet to the sidelines, nor nearer than sixty (60) feet from the center of the street. Every such house erected in said addition shall be set a minimum of eighteen (18) inches above the street curb level.

6. The premises herein conveyed shall not be used for any other purpose than that of a dwelling place for a single family and for purposes necessarily incidental thereto, nor shall any building, pole, excavation, garage or other structures be commenced, erected, installed, used or maintained without the written consent of the grantor. Before consent is given to the construct of any structure on said lot the preliminary plans, specifications, proposed location thereof, the architectural design and the grade of the first floor thereof, shall be first submitted to the grantor for its written approval, which said approval shall in no instance be unreasonably refused or withheld. The grantor herein shall have the right to inspect construction work on the premises. No dirt is to be removed from the lot without the consent of the grantor. For the purposes of these covenants the term "grantor" as used herein shall mean the grantor named in this deed.

7. No nuisance of any character shall be committed, suffered or maintained on said premises, or any part thereof. Said lot shall be graded and landscaped promptly on completion of such dwelling house and shall thereafter be maintained neatly and in accordance with the description, plans and specifications thereof. Any vacant lot shall be mowed, cleaned up and maintained in presentable condition by the owner, or at owners expense.

8. No dwelling house shall be erected in said addition in which the floor area exclusive of the garages, breezeways and porches, shall be less than twelve hundred (1,200) square feet.

9. No dwelling house shall be erected on said lot, which shall not be in keeping with other existing houses in said addition. No prefabricated house or trailer shall be erected or maintained on said lot.

10. Said grantees, their heirs or assigns shall not convey or otherwise alienate said premises, or any part thereof, or interest therein, unless such instrument of conveyance or alienation shall expressly provide that the person or persons receiving the same shall accept and be bound by the terms and obligations herein expressed.

11. The foregoing provisions, requirements, terms, conditions, restrictions, agreements, covenants, obligations and each and every one of them shall be held and considered as running with the land hereby conveyed and shall be construed toward their strict enforcement whenever reasonably necessary to insure uniformity and harmony of plan, development and use of said addition; the reasonable construction placed upon them by the grantor in good faith shall be final and binding as to all persons and property benefited thereby.

12. The invalidity of any provisions, requirements, terms, conditions, restrictions agreements, covenants, obligations or charge, or any part thereof shall not affect those remaining or the parts thereof, nor shall any failure by the grantor, however long continued (except in case of specific waiver thereof) to object to any breach of or to enforce any provision whatever which are contained herein be deemed a waiver of a right to do so thereafter, as to the same breach, or as to the one occurring prior or subsequent thereto.

13. No utilities shall be placed upon the utility right of way reserved on the plat to the premises herein, nor shall the grantees, their heirs or assigns, connect into, disturb or use said utilities without the written consent of the grantor.

Posted by pattiwigington on 08/02/2005
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