Restrictions for Quail Meadow Townhomes Subdivision

DECLARATION OF OBLIGATIONS, SERVITUDES, CONDITIONS AND

RESTRICTIONS FOR QUAIL MEADOW TOWNHOMES SUBDIVISION

On this 20th day of January, 1983, before me, John H.Fetzer, III, Notary Public, in and for the Parish of East Baton Rouge, State of Louisiana, personally came and appeared:

QUAIL MEADOW DEVELOPMENT CORPORATION, a Louisiana corporation domiciled in East Baton Rouge Parish, Louisiana, herein represented by William A. Hart, President, he being duly authorized to appear herein and to represent the corporation by virtue of a resolution of the Board of Directors of said corporation which is on file and of record in the official records of the Parish of East Baton Rouge, State of Louisiana,

referred to herein as "Developer" who after being duly sworn declared that:

WHEREAS, developer is the owner of a certain tract or parcel of land situated in the Parish of East Baton Rouge, State of Louisiana, which tract is described as follows:

Five (5) certain tracts or parcels of ground, together with all the buildings and improvements situated thereon, situated in that subdivision of the Parish of East Baton Rouge, State of Louisiana, known as QUAIL RIDGE SUBDIVISION, in Section 38, T-8-S, R-1-E, Greensburg District of Louisiana, and being designated as Lots A-1, A-2, A-3, A-4, and A-5, said subdivision, said lot being more particularly shown on a map entitled "Final Plat of Quail Ridge, located in Section 38, T-8-S, R-1-E, Greensburg Land District of Louisiana for Albert H. Hart Corporation" by Sam G. Dupree dated August 22, 1973 and revised October 27, 1975 to show the subdivision of Tract A into Lots A-1, A-2, A-3, A-4, and A-5, said map being on file and of record in the office of the Clerk and Recorder for East Baton Rouge, as Original 821, Bundle 9173, the said lots having such measurements and dimensions and being subject to those servitudes and building set back lines as shown on said map.

WHEREAS, developer desires to create on the above described tract a residential subdivision consisting of townhomes with attached or detached automobile carports or garages constructed on individual lots, concrete driveways, parking areas and areas for the common use and enjoyment of the owners and other improvements, which lots are numbered 1 through 32 inclusive, in accordance with and as shown on the official plat of Quail Meadow Townhomes Subdivision. prepared by Breaux & Associates. Inc., Engineers, dated September 9, 1982. which plat is on file and of record in the office of the Clerk and Recorder for the Parish of East Baton Rouge, State of Louisiana, as Original 881, Bundle 9520.

WHEREAS, developer desires to provide for the preservationof the values and amenities in said subdivision and for the maintenance of the private servitudes as shown on said map, and the other common facilities; and to this end, desires to subject the real property described hereinabove, to the covenants, restrictions, servitudes, charges and liens hereinafter set

forth eachand all of whichis and are for the benefit of said property and each owner thereof ; and

WHEREAS, developer has deemed it desirable, for the said efficient preservation of the values and amenities in said subdivision, to create an agency to which should be delegated and assigned the powers of maintaining and administering and enforcing the covenants and restrictions and collectingand disbursing the assessments and charges hereinafter created; and

WHEREAS, developer has incorporated under the laws of the State of Louisiana, as a non-profit corporation, QUAIL MEADOW TOWNHOMES ASSOCIATION, INC. for the purpose of exercising the functions aforesaid;

NOW THEREFORE, in order to establish a general plan for the improvement and development of the said tractsubdivided in accordance with the said plat together with such additions as may hereinafter be made thereto, and to provide for the preservation of and to enhance the value, desirability andattractiveness of the subdivision and its improvements and to provide for the maintenance of the areas subject to the servitudes of common use and enjoyment, developer does hereby establish the following obligations, servitudes, conditions and restrictions which are imposed upon developer and upon all owners of lots for the benefit of all lots and their owners and shall bind the owners of all such lots, their successors and assigns. All such obligations, servitudes, conditions and restrictions are intended and are thereby declared to be reciprocal predial (landed) servitudes established as a charge on each lot respectively in

the subdivision for the benefit of each lot in the subdivision, or personal servitudes or obligations of the owner of each lot in favor of the owner of other lots, as the case may be. Each lot of this subdivision is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, servitudes, charges and liens hereinafter set forth:

DEFINITIONS

The following terms when contained in this Declaration shall have the following connotations:

a) "Subdivision" shall mean and refer to that certain tract of land described hereinabove, as subdivided into the lots as shown on the plat referred to hereinabove, subject to the servitudes and building set back lines as shown thereon, the subdivision being known as "Quail Meadow Townhomes Subdivision";

b) "Lot" shall mean and refer to any plot of land shown upon any recorded map of the subdivison.
c) "Owner" shall mean and refer to the record owner, whether one or more persons or entities of the fee simple title in full ownership of any lot situated in the subdivision.
d) "Developer" shall mean and refer to Quail Meadow Development Corporation, a Louisiana corporation domiciled in the Parish of East Baton Rouge, State of Louisiana.
e) '"Homeowners Association"' shall mean and refer to the Quail Meadow Townhomes Association, Inc.
f) "Board of Directors" shall mean and refer to the duly elected Board of Directors of Homeowners Association.
g) "Restrictions'" and/or "Declaration" shall mean and refer collectively to the obligations, servitudes, conditions, restrictions, reservations, liens and charges imposed by or expressed in this Declaration.
h)"Townhome"' or '"Townhouse"' shall mean a private single family dwelling with an attached or detached automobile carport situated on a single individual lot in said subdivision.
i) '"The Properties"' shall mean and refer to the subdivision (existing properties) and additions thereto made subject-hereto.
II.
PROPERTY SUBJECT TO THIS DECLARATION:
The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in East Baton Rouge Parish, Louisiana, and is more
particularly described as follows:
Thirty-two (32) certain lots or parcels of ground together with all servitudes appurtenant thereto as are shown on the Final Plat of Quail Meadow Townhomes Subdivision, made by Breaux & Associates, dated September 9,1982, the said Quail Meadow Townhomes Subdivision being a townhouse subdivision of Lots A-1 through A-5, inclusive, Quail Ridge Subdivision, located in Section 38, T-8-S, R-l-E, G.L.D. in East Baton Rouge Parish, Louisiana.
all of which real property shall hereinafter be referred to as "The Property".
III.
PROPERTY RIGHTS
3.1 FULL OWNERSHIP. Each owner of a lot and townhouse shall be vested with the full and entire right of ownership of such lot and townhome.
3.2 OWNERSHIP SUBJECT TO PUBLIC AND PRIVATE SERVITUDES. Each lot in this subdivision shall be subject to the public servitudes as shown on the official subdivision plat, the private servitudes as shown on said map and the servitudes created by this Declaration, which servitudes shallbe appurtenant to and pass with the title to every lot and shall be subject to the
privisions of this Declaration.
3.3 RIGHT TO DELEGATE. The record owner or owners of any lot in the subdivision, may delegate the right to use the area in the servitude of CommOn use and enjoyment and the servitude of access to members of his family or to others who reside in his townhome.
IV.
SERVITUDES
4.1 GENERAL PROVISIONS.
(a) Servitudes over the subdivision for the installation and maintenance of drainage facilities and public utilities as shown on the official recorded subdivision map are granted in favor of the City of Baton Rouge, the Parish of East Baton Rouge, and all utility companies which may service the subdivision or any part or portion thereof. Any utility company shall install underground utilities in said servitudes only after written consent 1s obtained from the developer (prior to the sale of all units) or from 75% of the owners of said units, after the sale of all units. There shall be no structure, plantingor other material placed or permitted to remain within these servitudes which may harm, damage or interfere with, obstruct or retard the flow of water through drainage channels in the servitudes.
(b) Each lot and its owner or owners are hereby declared to have a servitude and the same is hereby granted by developer, over all connecting or adjoining lots for purposes of accommo-
dating any encroachment due to errors in original construction or reconstruction, engineering errors, repairs, settlement, shifting or movement of any lot, or any other cause. There shall be servitudes for the maintenance of said encroachment, settling or shifting, provided, however, that in no event shall a servitude for encroachment, be created in favor of an owner or owners if
said encroachment occurred due to willful misconduct by the owner or owners of said townhouse. Each lot and its Owner are hereby declared to have a servitude for overhanging roofs and eaves as originally constructed or reconstructed or repaired or as settled or shifted, over each adjoining lot and for the maintenance thereof.
(c) Each lot and its owner or owners are hereby declared to have a servitude and the same is hereby granted by developer, over all other lots, the private servitudes and/or the common
properties for purposes of the installation and maintenance of water, electricity, sewer, telephone, cablevision and other utility service lines, cables and conduits. The ownerof the lot
being serviced by the utility and the utility company shall utilize the most direct and feasible route for the extension of sevice from the transmission line to the residence located on said lots; said service line shall be located so as to cause no or minimum interference with buildings or other structures situated on the serviant lots, the private servitudes and/or the Common properties.
Utility transmission lines, cables and conduits may be placed in the slabs of the townhomes and/or guest parking areas.
(d) All servitudes referred to hereinabove are declared to be established upon the recordation of this document and shall be considered appurtenant to the lot being serviced and shall pass
with each sale and conveyance of each lot.
(e) The City-Parish Government is only responsible for maintenance of the public servitudes as shown on the recorded subdivision map.
4.2 SERVITUDE OF COMMON USE AND ENJOYMENT.
(a) Lots nine (9) through twenty-four (24) inclusive in the sudivision shall be subject to the private servitude of common use and enjoyment as shown on subdivision map or anyrevision
therof. The servitude of common use and enjoyment shall be
appurtenant to and pass with the title to theselots.
(b) As defined hereinabove, the servitude of common use and enjoyment shall be dedicated to the commonuse and enjoyment of the owners of all thirty-two (32) lots 'in this subdivision.
(c) No structure, dwelling or other construction objects or materials shall be placed or permitted to remain within this servitude, except planters, brick or masonary courtyards, or
other objects which enhance the beauty of the servitude shall be expressly permitted upon the servitude. Additionally no animals shall be kept or allowed upon the servitude of common use areas.
(d) It is the intention of the developer that the servitude of common use and enjoyment be planted, landscaped and decorated in accordance with the general plan or scheme of thesubdivision, to provide an area for the common use and enjoyment of the owners of the lots in the subdivision. It shall be the responsibility of the developer to plant and landscape theservitude. The developer shall maintain the servitude of common use and enjoyment on a lot until the lot is sold. Thereafter, it shall be the obligation of the owner of the lot and/or the Homeowners Association to maintain and keep the servitude of common use and enjoyment.
The obligation and duty to maintain and keep the servitude of common use and enjoyment shall bind the owners of all lots, their successors and assigns.
V.
COMMON PROPERTIES.
5.1 GENERAL PROVISIONS. The areas designated as "Common Properties" are owned in indivision by the owners of Lots 1 through 32, inclusive, Quail Meadow Townhomes Subdivision. These areas are dedicated to the common use and enjoyment of the owners of Lots 1 through 32 inclusive, Quail Meadow Townhomes Subdivision, for guest parking facilities, garbage removal, mail service, and for proper common purposes. A servitude is hereby granted over the common properties in favor of Gulf States Utilities Company, South Central Bell Telephone Company, Cablevision, Baton Rouge Water Works Company and/or other utility company for the installation and maintenance of utilities for service to Lots 1 through 32, inclusive, Quail Meadow Townhomes Subdivision. The common properties shall be maintained in accordance with this declaration. The City-Parish has no responsibility for the maintenance of the common properties. No animals shall be keptor allowed upon the common properties.
5.2 PUBLIC UTILITIES. Utility companies shall install underground utilities on the common properties only after written consent is obtained from 75% of the owners of the lots in the Under no circumstances shall overhead or above the subdivision ground utility fixtures and/or facilities be permitted to exist on the common properties.
5.3 TITLE: Developer shall convey to each purchaser of a townhome anundivided one/thirty-second (1/32) interest in the common properties in the act of sale to said townhome and lot.
The interest in the comon properties owned by each owner shall be subject to the provisions of this Declaration and to all public and private servitudes created hereby or shown on the subdivision map.
VI.
RESTRICTIONS UPON RESIDENTIAL LOTS
(a) Each lot within the subdivisIon will be improved, used and occupied only for single family private residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one single-family dwelling not to exceed three stories in height, with an attached or detached private garage or carport designed to house a maximum of two automobiles, and each single-familydwelling shall contain a minimum square footage of 900 square feet of living area excluding carport, storage areas, balconies and patios. The owner of any two adjoining lots having frontage on the same side of a private servitude of access as shown on the subdivision map may erect a single residence on the said lots, which for this
paragraphonly, shall be considered one building lot.
(b) No residence or building of any kind, no improvements or exterior change of any type and no fence shall be erected, placed, altered or permitted on any lot unless and until the construction plans, specifications, elevations, and a plan showing the location of the structure shall have been approved in writing by the Architectural Control Committee, as provided in
this Declaration, as to harmony of design with existing structures and location with respect to topography and finish grade level.
(c) No part of the subdivision shall be used or cause to be used for any business, commercial, manufacturing, mercantile, storing, vending or any other non-residential purposes, except that the owner or occupant of a lot and townhouse may use such residence as an office for telephone and mail only.
(d) No sign of any kind shall be erected or maintained in the subdivision or any street thereof, except that this prohibition shall not apply to the developer.
(e) No structure of a temporary character, trailer, camper, tent, shack, carport, or other structure other than the individual townhouse shall be used at any time as a residence, either temporarily or permanently. Unlessspecifically permitted by the Architectural Control Committee, no trailer, camper, boat or similar equipment shall be permitted to remain upon any
portion of the subdivision unless placed or maintained within the owner's carport or garage.
(f) No oil, gas or other mineral mining or drilling or mineral development or operation of any kind shall be permitted upon any lot or any portion of the subdivision.
(g) No rubbish, trash, or garbage shall be allowed to accumulate in any townhouse, patio area, carport, garage or any portion of any lot. All owners shall place their private refuse containers at the approved trash locations in the subdivision on collection days and remove them immediately after collection of garbage has been completed.
(h) No dog, cat or other pet having a weight of more than fifteen (15) pounds shall be brought onto or maintained on and/or in the lots or townhouses. No livestock shall be kept on the
premises under any circumstances. No pets or animals whatsoever shall be allowed on the servitudes of common use and enjoyment.
(1) No television or any other type of antenna shall be permitted on the exterior of any structure or any portion of any lot unless and except as specifically permitted by rules adopted