Hide-A-Way Hills Deed Restrictions
Hide-A-Way Hills Deed Restrictions
run with the land and would take an order of the court to change.
For clarification of any restrictions,
I always suggest you call the Hide-A-Way Hills Club office or speak to a
Board member for a definitive understanding.
Restrictions for Hide Away Hills
For the purpose of carrying out the general plan of development of the
premises herein above described and as a part of the consideration for this
conveyance, the Grantor executes and delivers this Deed and the Grantees
accept the same subject to each and all of the following covenants, agreements,
conditions, restrictions and provisions, and the Grantees, for themselves,
their heirs and assigns, covenant and agree to keep and perform each and
all of said restrictions which are to run with the land and shall be binding
on all parties and all persons claiming under them:
1. No Lot shall be used for other than residential purposes.
and no soil or trees shall be removed for any commercial use. Cutting
of trees shall be limited to the extent necessary for clearing the foundation
site for construction; any additional cutting of trees shall be done only
upon written approval of Hide-A-Way Hills Company.
2. No building shall be erected on any of said lots
other than one single-family dwelling or cottage with garage. The
floor area of any dwelling or cottage shall be not less than 350 square
feet, exclusive of garage, porches and basement.
3. No buildings, fence or structure of any kind shall
be located on any lot nearer to the front lot lines than the minimum building
set-back lines shown on the recorded plat of said Subdivision. For
the purposes of this covenant, eaves, steps and open porches shall not be
considered as part of a building.
4. No structure of a temporary character, trailer, basement,
tent, shack, garage, or other outbuilding shall be used on any lot at any
time as a residence either temporarily or permanently. Any garage
shall be constructed at the same time or subsequent to the construction of
the house it is intended to serve. No outhouses shall be permitted
on any part of the property; all toilet facilities must be contained with
main dwelling. All improvements shall be completed within 6 months
from beginning construction.
5. No animals, livestock, or poultry of any kind shall
be raised, boarded, bred or kept on any lot, excepting dogs, cats or other
household pets except by permission of Hide-A-Way Hills Company. Fires
must be contained, enclosed and carefully supervised. Use of fire arms
on the premises is prohibited. The lot shall be kept clean and
free of trash, garbage and debris at all times. Advertising signs, other
than for sale of said lot, are prohibited.
6. No building shall be erected on any lot until the
plans, specifications and plot-plan therefore have been approved in writing
by Hide-A-Way Hills Company. Unless said Hide-A-Way Hills Company has
indicated approval or issues approval within 30 days after such plans. specifications
and plot-plans have been submitted to it, or in any event, if no suit to enjoin
the construction has been commenced prior to completion of said construction,
such approval shall be presumed.
7. Easements reserved on the said recorded plat for
the construction, operation and maintenance of public utility lines are
also hereby reserved for use as hiking and riding trails by members of the
Hide-A-Way Hills Club.
8. Each owner of a lot or lots in said subdivision shall
be entitled to membership in the Hide-A-Way Hills Club which shall be maintained
and operated by Grantor for the purpose of providing its members with club-house
and private recreation facilities in the area, and to establish and maintain
lanes, parks and lakes for the common benefit of lot owners. Said membership
shall be conditioned upon observance of the rules and regulations established
by said Club for the benefit and general welfare of the members and for the
efficient operation of said Club. Said membership shall also be conditioned
upon payment of such assessments as the Club shall find necessary for maintenance
of lanes an any other services which benefit the lots and club facilities,
which assessments shall be equitably pro-rated according to the benefit to
each lot and to each lot owner. Said assessment shall constitute a lien
against said lot until paid, second only to the lien of taxes and any duly
recorded mortgage. No sale, transfer, lease or other disposition of
this property shall be consummated unless and until the prospective purchaser
has applied for and has been accepted as a member of the Hide-A-Way Hills
Club. This restriction shall not apply, however, to financial institutions
who may bid said property in at any foreclosure sale brought by them without
regard to said membership restriction.
9. These restrictions may be enforced by grantor herein
or by the owner of any lot in said Subdivision, either by proceedings for
injunction or to recover damages for breach thereof, or both. Failure
on the part of anyone to enforce any one or more provisions hereof shall not
invalidate said restrictions.
IN REFERENCE TO HIDE-A-WAY HILLS COMPANY MEANS HIDE-A-WAY HILLS CLUB.
