The Oaks at Yellow Creek
Covenants and Restrictions
The following restrictions and covenants are to run with the land and shall be binding on the Developer, its successors and assigns and all parties or persons claiming under him until twenty (20) years from date, at which time said restrictions shall be automatically extended for ten (10) years, unless by the written consent of the then owners of more than half of the lots covered by these restrictions, it is agreed to change said restrictions in whole or in part.
- All lots and/or tracts shall be known, described and used solely as residential lots. No structures shall be erected, altered, or placed on any lot other than a dwelling designed to serve not more than one family together with garages and other outbuildings incidental to residential use of the lots. No more than one single family dwelling shall be built on any lot.
- No trade, commercial venture, or activity shall be carried on upon any lot, nor shall any type of heavy machinery, signs, unused vehicles, or like items shall be permitted upon any lot.
- No trailer, basement, tent, shack, mobile home, or modular home shall be placed or erected upon any lot temporarily or permanently, nor shall any structure of temporary character be used as a residence. No used or second-hand houses will be allowed.
- Any two story dwelling to be built on any lot in this subdivision shall have a minimum square footage of 1700 square feet on one level, exclusive of open porches, garages, carport, or basements, and any such dwelling exceeding one story in height shall have not less than 2200 square feet, exclusive of open porches, garages, carports, or basements. All one story dwellings shall have a minimum of 2200 square feet, exclusive of open porches, garages, carports, or basements.
- All dwellings constructed on lots of said subdivision shall have solid foundations; block foundation shall require stucco and shall be painted to match siding. Poured foundation shall be stucco, painted to match siding and/or brick or rock. Fronts of houses shall require brick or rock for decor and appearance purposes.
- No building shall be erected, placed or permitted to remain on any lot in said subdivision until the building plans, specifications, and plot plans showing the location of the building have been approved in writing by the Developer as to the quality of workmanship and material, harmony of exterior design with existing structures and as to the location with respect to topography and finish grade elevation.
- No poultry, swine, cows or other livestock likely to become pests shall be kept on lots in said subdivision. However, owners of lots in said subdivision shall be allowed to keep household pets thereon, but at no time shall said pets be kept for commercial purposes.
- No fences shall be permitted except those of decorative type or facility for horses, which must first be approved by Developer in writing.
- All mail boxes shall be of design chosen and approved by the Developer.
- Garbage and trash cans to be hidden from view and butane, LP and oil tanks to be buried.
- All driveways to be concrete or asphalt.
- Each new structure must be completed within eight (8) months.
- All lots must be landscaped with approval of plans by Developer. All front yards to be sodded.
- All construction sites shall be maintained as neatly as possible, and shall be kept free of all litter.
- The outside of any houses constructed within the subdivision to be completely finished before the house can be occupied.
- Each lot is subject to all drainage easements and all utility easements including electrical, water, cable and similar utilities.
- If the parties hereto, or any 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 subdivision, to prosecute any proceedings at law or in equity against the person or persons violating 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 of these covenants or any part thereof by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
- Developer shall have no liability or responsibility in regards to maintenance of roads, common areas or for the provision of street lights. A homeowner’s association shall be created for the purpose of providing the necessary maintenance of roads and any common areas in said subdivision until which time the county accepts the roads. The homeowner’s association shall also be responsible for the payment of street lights and expenses incurred from said street lights.