HOMESTEAD HERRINGTON RESTRICTIONS
(Revised 1995)

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The following restrictions shall be applied to the described real property and shall supersede previously filed restrictions:

 

1. No dwelling shall be erected or placed on any lot having a width less than twenty- four (24) feet at the minimum setback line, and the placing of a dwelling on a lot shall conform in every respect to the building lines shown on the recorded plat of this subdivision.
    

2. No dwelling shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located on any lot nearer than twenty-five (25) feet to the front lot line, or nearer than twenty-five (25) feet to any side street line. For the purposes of this covenant, eaves and steps shall not be considered as a part of a building, provided however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.
    

3. Each one-story dwelling erected, moved onto or maintained on the premises herein described shall have a ground floor living area of not less than 1,500 square feet. One-and-a-half or two-story dwellings shall have a ground floor living area of not less than 1,200 square feet.
    

4.  Each building or improvement of any kind erected, moved onto or maintained on the premises herein described shall be brick, stone, wood or a mixture.
    

5. Any unattached garages or other outbuildings must be at least eight (8) feet from the interior side line and constructed of the same material as the house. Except buildings on five-acre+ tracts which are located no nearer than one hundred (100) feet to the front lot line or no nearer than one hundred (100) feet from any side street line, do not have to constructed of the same material as the house.
    

6. No concrete or concrete block basement or foundation wall of over twelve (12) inches above ground level can be exposed without a brick, stone or wood covering.
    

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

8. There shall be no garage apartments, no mobile homes, no pre-fab or modular homes. All homes must be completed before being occupied. All lawns must be leveled, seeded or sodded, and there must be at least two (2) trees in the front yard and no less than five (5) shrubs near the home.
    

9. There shall be at least two (2) off-street parking spaces for each lot.
    

10. No fence or hedge shall be erected or permitted to remain on any lot nearer any street than the setback line established on the recorded plat, except the tracts of five or more acres.
     

11. No livestock shall be kept on any tracts of less than five (5) acres, except cats and dogs and other animals commonly kept as pets in the U. S. Tracts of 5-acres+ can have farm livestock, except there shall be no hog lots, chicken farming or concentrated feed lots for cattle.
     

12. There shall be no junk yards on the premises. There shall be no inoperable vehicles or machinery within view of the street. If any residents of Homestead Herrington feel that any property is not being adequately kept free of weeds, brush or trash, said property can be mowed and cleaned at the owner's expense.
     

13. No dwellings, structures or fences can be built until the plans or designs have been approved in writing by the developer of the subdivision until three (3) dwellings have been built. After three (3) dwellings have been constructed, plans or designs for dwellings, structures or fences must be approved in writing by two (2) out of three (3) owners of the three (3) newest occupied dwellings in the subdivision. If a builder cannot get approval from two (2) of the three (3) owners of the newest occupied dwellings, the builder can request approval from the subdivision developer. In this case the written approval by the subdivision developer supersedes the disapproval by owners of the three (3) newest occupied dwellings in the subdivision,
     

14. An easement is hereby reserved in favor of Homestead Herrington, its successor and assigns, as described on the recorded plat for the purposes of constructing, maintaining and repairing electric poles and lines, utilities and drainage facilities and the right is hereby reserved to enter upon said property at any and all reasonable times for the purposes of installing, maintaining and repairing same.
     

15. That the Grantee or Grantees under any conveyance shall not at any time conduct or permit to be conducted, on said premises, any trade or business of any description, not shall said premises be used for any other purpose whatsoever except to the purpose of a single-family private dwelling or residence, except for lots which grantor reserves the right to rent boat slips and service boats if the need for these services arise. These lots will be designated in future subdivision plots. This does not restrict the grantor from using or allowing to be used, the property as a golf course and or its related functions if desired in the future. Conveyances of five (5) acres or more can be used for farming. Areas later reserved for apartments or condominiums are exempt from this restriction.
     

16. If two (2) or more tracts are combined to make a total of more than five (5) acres, then the combined acreage shall be considered restricted at a 5-acre+ tract. However, it can thereafter be sold in less than a 5-acre tract only if it complies fully with the restrictions for a less than 5-acre tract.
     

17. On tracts of 5-acre+, any buildings used for the purpose of farming must be located no nearer than one hundred (100) feet to the front lot line, or no nearer than one hundred (100) feet to any side street line.
     

18. The foregoing and following protective restrictions shall run with the land and shall be binding on all parties. Each and all of the protective restrictions shall be enforceable by injunction or by any other form of action available to the parties aggrieved or its successors in interest. Invalidation of anyone of the protective restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. 

 

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ADDENDUM TO HOMESTEAD HERRINGTON RESTRICTIONS

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The above restrictions are also enforced upon lots 61 through 73 located on Homestead Lane in Homestead Herrington Subdivision and includes the following updated restrictions:
 

Addendum to paragraph 3: Each one-story dwelling erected, moved onto, or maintained on the premises of lots 61 through 73 herein described shall have a ground floor living area of not less than 1,750 square feet. One-and-a-half or two-storydwellings shall have a total living area of not less than 2,100 square feet.
 

Addendum to paragraph 5: Dwellings on lots 61 through 73 shall have attached garage or drive in basement. Detached garages are prohibited on any of lots 61 through 73.