d. Housing constructed on corner lots shall include an attached or detached fully enclosed garage with a standard garage door;

e. Detached servants’ quarters or any other detached structure shall be constructed only with the prior written approval of the council.

4.5 Approvals

It is clearly understood that the Council has fourteen (14) working days from the time matters are submitted to it, to approve or disapprove any matter. The time period starts from the time the matter is submitted at 19993 Tucker Road, Zachary, Louisiana 70791 myrtle.hill.zachary@gmail.com. If the Council fails to act within fourteen (14) days, then the request is deemed approved.

4.6 Minimum Living Area

Each residence shall contain at least One Thousand Nine Hundred (1,900) square feet of living area. Living area shall not include porches, breezeways, garages or carports.

4.7 Building Lines

Building lines for each lot shall be governed by the official subdivision plat, which sets forth all building lines.

4.8 Exterior Materials

Any residence erected shall contain at least sixty (60) percent brick or brick veneer. Vinyl siding shall be allowed only after a sample of the siding has been approved by the Council. Any painted exterior shall have at least two (2) coats of paint.

4.9 Roofs

The minimum roof pitch shall be 8/12, unless otherwise approved by the Council. However, tin, steel or aluminum roofing shall not be allowed.

4.10 Minimum Ceiling Height

The ground floor of any residence shall have a ceiling height of at least nine (9) feet.

4.11 Fireplaces

Fireplace flues and chimneys shall be covered with the same siding, stucco, or masonry material as used on the exterior or the residence. All fireplaces shall have chimney caps. Exposed galvanized metal caps are not allowed.

4.12 Fences

No fence shall be erected on any lot beyond the front line of the residence unless approved by the Council.

All fencing material facing the public street or a sideline must be made of wood, brick, stucco or wrought iron, unless specifically approved by the Council.

The dressed side of fencing is at all time to face toward the public street or the surrounding lots. No fence shall exceed six (6) feet in height. Fences adjoining the fence on Port Hudson-Pride Road shall not exceed the height of that fence.

4.15 Garage Apartments

No garage apartments shall be allowed on any lot.

4.16 Servitudes

Servitudes for installation, maintenance of utilities, and drainage facilities are reserved as shown on the final plat of MYRTLE HILL SUBDIVISION.

4.17 Adjoining Lots

Nothing in these restrictions shall prohibit an owner of any two (2) adjoining lots having frontage on the same street from constructing a residence on the two (2) lots, which shall be considered, for the purpose of these restrictions, as one (1) lot.

4.18 Subdividing Lots

A lot or lots may be subdivided and replated with written consent of the Council so long as lots are made larger, not smaller, and meets the Zachary Planning and Zoning Committee.

4.19 Electric Utilities

This subdivision shall be served by underground utilities only, except where an overhead electric distribution system is previously existing. Electric service from the existing electrical distribution system to a residence shall be underground.

4.20 Outdoor Lighting, Music, et al.

Outside lighting, outside music, or sound producing devices, and any other mechanical devices shall be subjected to the approval of the Council, and any standard adopted by the Council in this regard shall be final.

4.21 Clothes Lines, Satellite Dishes, et al.

Outside clothes lines shall be approved by the Council prior to installation. Satellite dishes and other above ground improvements are allowable, however, said improvements must be behind the residence and enclosed within a privacy fence, and all of this is subject to the approval by the Council.

No antennas are allowed.

4.22 Landscaping

Landscaping shall be installed within one (1) months of occupation of a residence. The front yard must be completely sodded or sprigged with centipede, grass or equivalent, default of which the Council may cause such work to be performed and may demand and sue for reimbursement for such costs and reasonable attorney’s fees to collect these costs.

4.23 Mailboxes

All mailboxes must be of the same design, material and paint color as approved by the Council. Specifications, prices and place of purchase will be provided by the Council before installation.

4.24 Air Space Enclosures

The Council may require that a residence having an air space between the ground and the first floor enclose such air space on the front and sides of the residence and/or front porch.

4.25 Occupancy

No residence shall be occupied until fully completed.

4.26 Trees

Any trees not in the way of residence, at least eight (8) inches in diameter, measured one (1) foot above the ground, and twenty (20) feet tall may not be removed from any lot without approval of the Council.

4.27 Drilling, Mining, et al.

No oil or natural gas drilling, nor development operations, nor refinery, nor quarrying or mining operations of any kind shall be permitted upon any lot. Neither shall any wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot.

4.28 Time to Complete Construction

Any residence must be completed within six (6) months of the beginning of construction. If a longer period is needed, written approval by the Council is required.

V. General Covenants, Obligations, and Restrictions

5.1 Residential Zoning

Homes in MYRTLE HILL SUBDIVISION shall be used for residential purposes only. No part of any lot shall be used for apartment houses, offices, shops, schools, churches, assembly halls, day care centers, half-way houses, nor any other use except as a residence. “Mother-in-law” type residences are permissible so long as they are connected to or appear to be part of the main residential dwelling, and are of the same architectural design and material as the main residence. This type of dwelling may only be utilized for the immediate family and may not be used as rental property.

5.2 Livestock, Domestic Animals, et al.

There shall be no raising of livestock, including but not limited to, cows, horses, pigs, sheep, rabbits or poultry of any kind. Owners of domestic animals shall follow the Parish of East Baton Rouge Animal Control guidelines and regulations. Domestic animals shall not be of such kind or disposition, or kept in such numbers as to cause a nuisance. More particularly, aggressive breeds of dogs such as Pit Bulls, Rottweilers, and Chow are not permitted.

5.3 Large Vehicles

No mobile home, junked car, tractor trailer rig, bus, large commercial vehicle, nor heavy equipment shall be allowed on any lot.

5.4 Debris

No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All incinerators or other equipment for storage or disposal of material shall be kept in a clean and sanitary condition. Upon completion of a residence, all debris shall be removed from the premises completely. Garden compost shall be kept in quantities required by one household only, provided it is not visible from the street and is kept free of noxious odors and insects.

5.5 Vehicle Storage

A motor home, travel trailer, motor boat, utility trailer, garden tractor, lawn mower or all-terrain vehicle may be maintained, stored or kept on a lot; however, it must be contained within a structure approved by the Council, or within a privacy fence, and in both cases, it must be stored in the back yard.

5.6 Garbage

Garbage cans shall be stored so that they are not visible from the road.

5.7 Signage

No sign of any kind, except standard real estate signs, shall be displayed for the public view on or from any lot without prior consent of the Council.

5.8 Nuisances

No noxious or offensive activity shall be carried on, nor shall anything be done which may be or become an annoyance or nuisance to the other lot owners.

5.9 Servitude Changes

Nothing shall be altered, constructed, or removed from the landscape servitudes as shown on the final plat area, except upon written consent of the Council.

5.10 Servitude Interferences

There shall be no storage, obstructions, or parking on landscape servitudes.

5.11 Lawful Use

No offensive or unlawful use shall be made of the subdivision property, nor any part thereof. All valid laws, zoning ordinances, and regulations of all governmental bodies having applicable jurisdiction thereof shall be observed.

5.12 Landscaping

Prior to construction, each lot owner must mow the lot sufficient times so that the grass shall be no more than six (6) inches tall. The Council reserves the right to enforce this stipulation by mowing the lot themselves, and seeking reimbursement, court costs, and reasonable attorney’s fees for collection of the debt incurred.

After construction is completed, each lot owner shall be responsible for maintenance of all landscaping on the lot and for maintaining the lot, residence, and driveway in a clean and orderly fashion at all times. The lot owner shall be responsible for paying all costs of said maintenance and for any such repairs as may be necessary. Lot owners shall keep all lots moved at all times, free from rubbish, trash, debris and noxious weeds. Failure to comply with this covenant grants unto the Council the right to have the necessary work performed, and also the right to seek reimbursement for such costs, court costs, and reasonable attorney’s fees.

It is clearly understood that no activity shall take place on any lot prior to construction, except mowing of the lot. Any other activity must be approved by the Council.

5.13 Pools, Playhouses, et al.

Above ground swimming pools with filters are allowed if hidden by a privacy fence. Swing sets, trampolines, playhouses, children’s swimming and/or wading pools, hot tubs, and any other such items which are not used for landscaping enhancement of aesthetic purposes must be maintained behind the front building setback line of each lot.

It is clearly understood that each lot owner shall maintain their property to provide maximum safety precautions surrounding the installation of any water holding container.

5.14 Gardens

A developed lot may have a vegetable or ornamental garden that is maintained in an aesthetically pleasing fashion behind the residence. Any vegetable garden must be to the rear of the residence.

5.15 Holiday Lights

Christmas lights shall not be installed before Thanksgiving, and must be removed by January 7th of each year.

5.16 Minimum Building Line

Each lot shall have a minimum front building line of thirty (30) feet, a side building line of eight (8) feet and rear building line of thirty (30) feet.

5.17 Out Buildings

Any out building must be behind the rear building line of a residence, be no near than eight (8) feet to any side line, and no less than twenty (20) feet from the rear lot line.

5.18 Sidewalks

All sidewalks shall be forty-eight (48) inches in width and shall be constructed as to begin immediately adjacent to the curb of each lot, and follow the contour of the lot line. The sidewalk shall be completed prior to occupancy.

5.19 Out Building Design

Any out building shall be of similar architectural design and construction as the main residence, and the construction must be approved by the Council.

5.20 Construction Appearance

During construction of a home, the lot shall be kept neat with no unsightly piles. In addition, concrete trucks shall be washed on the lot being poured inside the property lines, and not on the streets.

VI. Covenants for Maintenance Assessments

6.1 Creation and Purpose

As stated previously, MYRTLE HILL SUBDIVISION ASSOCIATION, INC., hereinafter referred to as “The Association”, shall be created. It shall be a non-profit corporation created for the purpose of collecting fees to be used to maintain the landscape servitudes of MYRTLE HILL SUBDIVISION. It shall also have the power to enforce the collection of these fees as set forth hereafter.

6.2 Annual Assessment

The Association has the specific right, upon a majority vote of its members, to levy and collect (by legal proceeding if necessary) from each lot owner in MYRTLE HILL SUBDIVISION an annual assessment in an amount it determines necessary in order to provide said subdivision with lighting, maintenance of the landscaped areas, gardening and any other services generally undertaken or furnished by private associations of property owners. Any assessment shall be made in writing directed to the property owner, and upon failure to pay within thirty (30) days from the date the notice is given, a copy thereof shall be filed with Clerk and Recorder for the Parish of East Baton Rouge, State of Louisiana, and will act as a lien upon the property so assessed. Annual assessments shall be determined by a majority vote of the lot owners. It is specifically understood that each lot is entitled to one (1) vote. For the purposes of these covenants, the subdivider shall have one (1) vote and shall be considered the owner of one (1) lot.

6.3 Memberships

It is clearly understood that any person who purchases a lot in MYRTLE HILL SUBDIVISION, in fact, becomes a member of MYRTLE HILL SUBDIVISION ASSOCIATION, INC., and is subject to all the rules and regulations of these restrictions and of MYRTLE HILL SUBDIVISION ASSOCIATION, INC.

6.4 Right to Collect and Administer

The right to collect and administer the maintenance assessments and obligation may, upon a vote in writing of a majority of the lot owners, be transferred to a corporation formed for that and any purposes.

VII. Miscellaneous Provisions

7.1 Covenant Lifetime

These stipulations and restrictions are to run with the land for a period of twenty-five (25) years from this date (April 16, 1993 to April 16, 2018), at which time said covenants shall be automatically extended for a successive period of ten (10) years. The restrictions may be amended at any time if a two-thirds (⅔) majority of lot owners vote to amend. Each lot is entitled to one vote.

7.2 Violations

If the parties hereto, or any of them or their heirs or assigns, shall violate or attempt to violate any of the provisions hereof, it shall be lawful for any other person or persons owning any portion of the properties or any lot, or for (partnership or corporation) or the Council, to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant, and to prevent them from so doing or to recover damages or other amounts for such violation. Any first or subsequent purchaser of any lot in MYRTLE HILL SUBDIVISION shall be entitled to sue for their own account or for the account of the other parties similarly involved or situated, or both, or to seek both those types of relief or such other relief as may be available. Failure of any person, firm or corporation to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

7.3 Council Indemnification

Each member of the Council shall be indemnified by the Association against all liabilities and expenses, including attorney’s fees reasonably incurred or imposed on the Council member in connection with any proceeding to which the member may be a party or in which the member may become involved by reason of being or having been a member of the Council at the time such expenses are incurred, unless the member is adjudged guilty of willful malfeasance or misfeasance in the performance of their duties. In a case of a settlement, the indemnification provided for herein shall apply only when the Board of Directors of the Association approve such settlement and reimbursement is being for the Association’s and Council’s best interest. The above described right of indemnification shall not be exclusive of all other rights to which such member of the Council may be entitled but shall be in addition to such other rights.

THUS DONE AND SIGNED in my office in the City of Zachary, Parish of East Baton Rouge, State of Louisiana, in the presence of the undersigned competent witnesses and me, Notary, on the day and the date first hereinabove written. [NOTE: All original signatures herein on file]