These covenants are for all lots in Farmington Plats numbered 1 through 17, inclusive (which shall be treated henceforth for purpose of these covenants as a single Plat), and are to run with the land and shall be binding on all parties and all persons claiming under them until January 2020. The covenants for the individual plats have various expiration dates, at which time said covenants shall be automatically extended for successive periods of ten years unless a majority of the then owners of lots vote to change said covenants in whole or in part.
If the parties hereto, or any part of them or their heirs or assigns, shall violate or attempt to violate any of the Covenants herein, it shall be lawful for any other person or persons owning any real property situated in said development or any of said subdivisions, or for the Farmington Neighborhood Association, Inc., to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent him or them from so doing or to recover damages or other dues for such violation.
Invalidation of any one of these covenants by judgment or Court order shall in no ways affect any of the other provisions which shall remain in full force and effect.
1. The lots shall be used only for residential purposes. They may not be subdivided for building sites smaller than the lots as platted herein, but any lot as platted may be used as a building site. Any lot or lots may be subdivided and the various portions of said lot or lots may be added to lots as herein platted, to make building sites, each of which is larger than the lot or lots so subdivided was, or were, as originally platted. Only one-family residential dwellings and two- or three-automobile garages shall be erected or placed on any of the building sites. No structure shall be erected on any building site until the design, plan and location of the structure has been approved in writing by the architectural control committee of the Farmington Neighborhood Association, Inc. Such committee shall act under, and pursuant to, such organization and regulation as may be adopted by the Farmington Neighborhood Association, Inc.
2. 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 in or to the neighborhood, and each unimproved lot shall be mowed at least two times each year.
3. All dwellings shall be modern in all respects. No dwellings shall be erected having less than 1,500 square feet of ground floor area, if a one-story dwelling, nor less than 900 square feet of ground floor area if a one and one-half or two-story dwelling, in each case exclusive of garage, breezeway, open porch, or patio. Covenants #3 for Plats 10-16 omits the last sentence.
4. No building shall be located nearer than ten feet to the side lot line, twenty feet to the rear lot line, thirty feet rear setback for Plats 10-16, nor nearer to the front street building line or side street building line than shown on the plat.
5. No trailer, roofed basement, tent, shack, garage, barn or other out building, nor any structure of a temporary nature shall be at any time used as a residence either temporarily or permanently.
6. All structures shall be constructed of new materials only, and the exterior thereof shall be brick, stone, frame, aluminum or any other exterior construction material which is approved by the architectural control committee of the Farmington Neighborhood Association, Inc.
7. A perpetual easement is reserved over the rear ten feet and over the seven and one-half feet at either side of each lot for utility installation and maintenance. All utility lines shall be buried beneath the surface of the ground.
8. Any pet must be confined to its owner’s private property, or on a leash and accompanied by a responsible person when on public property. No fowl or livestock shall be housed nor allowed to remain on any lot. This shall not be construed to prohibit household pets that are not kept for breeding or other commercial purposes.
9. No boat, trailer, truck nor recreational vehicle shall be stored on any lot except in the garage. This Covenant for Plats 1-9 omits the references to trucks and recreational vehicles. (Proposed change to omit second sentence.)
10. No lot shall be used nor maintained as a dumping ground for rubbish. Trash, garbage or other waste must be kept in sanitary containers. No open trash burning shall be permitted. A weekly trash pick-up service must be subscribed to at all times unless a county or city service is provided. Covenant #10 for Plats 1-9 provides “… until such time as a county or city service is provided.”
11. No fence, wall, hedge nor shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five feet from the intersection of the street lines or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight limitations shall apply on any lot within ten feet from the intersection of a street property line at the edge of a driveway. No tree shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at a sufficient height to prevent obstruction of such sight lines. No fence, other than decorative lawn fence shall be permitted on any lot, and no fence shall be permitted between the front lot line of a lot and the building setback line. No chain link fence shall be permitted on any lot.
12. Dues:
a) Towards the expenses of the Farmington Neighborhood Association, Inc.
b) The amount of such dues shall be determined annually by the Board of Directors of the Farmington Neighborhood Association, Inc.
c) No owner is exempt from equally contributing towards the common expenses of the Farmington Neighborhood Association, Inc.
d) Each owner shall pay the dues to the Association on or before October 1 of each calendar year. Any owner failing to pay said dues within 30 days shall incur a penalty of 10% of the amount of such unpaid dues and shall also be liable to the Association for all attorney fees and other costs incurred in collecting said dues