Restrictions and Covenants The Legacy Subdivision Section 1 Lots 1-29 The purchaser shall take title to said property subject to the following numerated restriction. These restrictions shall be recorded at the time of said purchase and shall be incorporated in full in any restrictions thereafter filed by the purchaser. I. Area of Application Lots 1 thru 29, The Legacy Subdivision Section One, Cole County, Missouri II. Residential Area Covenant A. Land Use and Building Type No lot can be re-subdivided unless approval by the Architectural Control Committee. Exchange of boundary properties to straighten lines between neighbors may be made only with the approval of the Architectural Control Committee. All lots must meet the requirements of the current City of Jefferson Zoning Ordinance dealing with RS-2. B. Architectural Control No building shall be erected, placed, or altered on any lot until the construction plans, specifications, and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony or external design with existing structures, and as to location with respect to topography and finished grade elevations. It shall be the responsibility of the lot owner to submit plans depicting internal and external design and dimensions, and failure of the committee to demand the same, shall not constitute a waiver of approval requirements. C. Dwelling Minimums No dwelling shall be permitted on any lot or part of said property unless the following minimums are met: 1. One story houses must have a minimum of 1,400 square feet on the ground floor area with a two car attached garage or 1,500 square feet on the ground floor without a garage. 2. Split-level houses must occupy a minimum of 1,500 square feet of area on a lot 3. One and One-half story and two-story houses must have a minimum of 1,500 square feet, total floor space, 900 square feet of which must be on the ground floor, with a two- car attached garage. A variance from the 900 square feet requirement may be allowed, with approval of the Architectural Control Committee. Under NO condition will less than 1,500 square feet be approved. 4. Two car-attached garage must have a minimum size of 21 feet by 22 feet. The above square foot minimums must be exclusive of open porches, carport, patios, basements, and garages. D. Foundations All buildings shall have a poured concrete foundation. No concrete blocks shall be used for foundations or retaining walls. Decorative block can be approved for retaining walls. E. Brick st The front, as well as both sides of the 1 story level shall be brick veneer or approved hard surface, to grade. No exposed concrete shall face any street. No exposed concrete retaining walls can be closer to the street than the front building line of the home. If front foundation entry is used, you must brick the front foundation and any retaining walls that are adjacent to such entry. The use of rowlock top on retaining walls closer to the street than the front building line of the home is mandatory. A Victorian style home may be exempt from the brick and hard surface restrictions. A colored elevation must be submitted before this exemption will be considered. F. Structural Members 1. All framing lumber shall be on a maximum of 16 inch centers 2. Structural headers will be used in headers over 10 foot long G. Roofing The roofing materials should be 20-year composition or better. On the main body of the house facing the street, the roof pitch is to be a minimum of a 6-12. H. Decks The only approved decking material is redwood or cedar. CCA may be used for the structural members. Other materials would need to be approved by the Architectural Control Committee. I. Factory Homes No earth contact homes, modular, or factory built homes will be allowed. J. Garbage and Refuse Disposal No lots 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 equipment for the storage of such trash shall be allowed at any time. No burning of garbage or trash shall be allowed at any time. No vacant lot shall be used for the purposes of a garden. K. Fences No fence or wall shall be erected or maintained on any lot nearer to any street than the front line of the dwelling house, with the exception of retaining walls for landscape purposes. L. Satellite Discs and Dishes Satellite discs and dishes are permitted only when mounted on the house M. Motor Homes No motor homes, large trucks with gross vehicle weight over 18,000 lbs, boats, campers, travel trailers, or other vehicles other than an automobile or motorcycle, shall be permitted to be parked on the street side of the home for more than 24 hours. This also includes the street. Any vehicle stored along the side of the house must be on either concrete or asphalt. N. Landscaping 1. Sidewalks must be placed on the lot running parallel with the street(s), as shown on the plat of record. Sidewalks must be in place before occupancy. 2. The only acceptable mailbox posts are those approved by the Architectural Control Committee O. Architectural Control Committee The Architectural Control Committee shall be composed of the managing members of Legacy Development Investments LLC. In the event of the death or resignation of a member or members 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 thirty days after said plans and specifications have been submitted, approval will not be required and this covenant will be deemed to have been fully complied. Neither the members of such committee, nor the designated representative shall be entitled to any compensation for services performed pursuant to the covenant. The powers and duties of this committee and of any designated representative shall cease after all lots are sold. Thereafter the approval described in this covenant shall not be required unless, prior to the said date and effective thereon, a written document shall be executed by the then record owners of a majority of the lots in this section and duly recorded, appointing a representative, or representatives, who shall thereafter exercise the same powers previously exercised by said committee. III. General Provisions A. Terms These covenants are to run with the land and shall be binding on all parties and persons claiming under them for a period of twenty-five years from the date these covenants are recorded, except as otherwise provided herein, after which time said covenants shall be automatically extended for successive periods of twenty-five years unless an instrument signed by two thirds of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part as provided for herein. B. Enforcement Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, and may seek either to restrain violations or to recover damages, or both, and may be commenced by any record owner of property in this section C. Severability Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. D. Utilities The grantor reserves the right to construct and maintain, or contract for the construction and maintenance of sewer, water, and electric lines or other utility services, over, under, or through any or all lots, tracts, and parcels of ground in this subdivision. Said construction shall be on an easement as shown on the recorded plat. E. Restriction Changes At any time after these restrictions have been in effect for three years, the owners of said property, if there be at least six such owners at that time, may bring a petition signed by the record owners of a majority of the lots, ask the Architectural Control Committee to call a meeting for the purpose of changing any or all restrictions. Each property owner shall be allotted one vote at such meeting for each platted lot he/she then owns. A vote of two-thirds of the lots whose owners are voting shall be required to effect any change in these restrictions.
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