Covenants

STATE OF LOUISIANA
PARISH OF LAFAYETTE

ACT OF RESTRICTIVE COVENANTS

OF FIELD CREST ESTATES, PHASE III

BE IT KNOWN, that on this _________ day of __________________, 2001, BEFORE ME, the undersigned Notary Public, duly qualified in the State and Parish aforesaid, and in the presence of the undersigned witnesses personally came and appeared:

YOUNGSVILLE INVESTMENTS, L.L.C., a Louisiana Limited Liability Company represented herein by its sole members Youngsville Contractors, Ltd., through its President, John C. Broussard, and Ashy Properties, Ltd., through its President, Steve Ashy, pursuant to the authority contained in the Articles of Organization recorded under entry No. 97- 29074 of the records of Lafayette Parish Louisiana, as corrected by that Act recorded under Entry No. 98-22714 of said records.

who declared that by that act recorded under entry No. 00-__________ of the records of Lafayette Parish, Louisiana, Appearer dedicated the Subdivision know as Field Crest Estates, Phase III.

Appearer further declared that in order to dispose of the property situated in the Subdivision to the best advantage of and to assure all prospective purchasers that said property will be properly and uniformly developed and to make said property more desirable and attractive, it binds itself, its successors and assigns, not to sell any of the property situated in the Subdivision, except under the following restrictions which are covenants, and such amendments as may be made as provided for herein which shall affect the said property and all future purchasers, whether set forth in any act of sale or not, until the ________ day of _______________, 2026, at which time said covenants shall be automatically extended for successive periods of ten (10) years unless by vote of two-thirds (2/3rds) of the owners (one vote for each lot owned) of the lots at any time, it is agreed to change the said covenants in whole or part:

1. The use of the lots in the Subdivision shall be restricted exclusively for residential purposes. Nothing herein contained shall restrict the construction of a building for rental purposes, provided, however, that the sole use to be made of said building shall be for a single unit residence. No dwelling other than a single family dwelling and private garage shall be built on any building lot. One outbuilding is permitted provided, however, that it is located behind the residence and complies with the minimum set-back requirements established herein and provided (see Paragraph 9) further, that they consist of the same style, color and architecture of the residence constructed on said lot and do not exceed four hundred (400) square feet, unless approved by the Architectural Control Committee. Construction or occupancy of garage apartments or outbuildings as separate dwelling units on any of the lots in the Subdivision is prohibited. No existing housing unit shall be converted into a multiple apartment or dwelling building. No commercial places of business of any nature whatsoever shall be erected or maintained on any of the lots involved herein, Further no building or dwelling in the Subdivision shall be used to house more than (4) non-related persons. Persons married to each other, and children of spouses shall be considered related for the purposes of these restrictions. Nor shall any activity that would constitute a “group house” for the purpose of housing unrelated persons, as a business, whether for profit or not, be permitted on any lot in the Subdivision.

2. No building shall be erected, placed or altered on any lots subject to these restrictions until the construction plans and specifications, and a site plan showing the location of the structure on the lot, any other improvements and fences, have been submitted to, and approved in writing by, the Architectural Control Committee or any of its members designated by the Committee to act. Until changed by act recorded in the records of Lafayette Parish, the Architectural Control Committee shall consist of Steve Ashy and John C. Broussard. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Upon the Dissolution of the Architectural Control Committee by the lapse of twenty (20) years from the date hereof or by the resignation of all of its members, by act recorded in the records of Lafayette Parish, whichever first occurs, the function and authority of said Architectural Control Committee, as described in these restrictions, may be performed by at least two (2) members of the Homeowners Association voted in by the Homeowner’s Association. No member of the Committee shall be entitled to any compensation for services performed pursuant to this covenant. If the Architectural Control Committee fails to give its approval within thirty (30) days after the above mentioned items have been received, then such approval shall be deemed as having been automatically granted. Denial of approval by the Architectural Control Committee shall be given in writing.

All plans and specifications, or requests for approval, required to be submitted to the Architectural Control Committee shall be mailed or delivered to the following address: Field Crest Estates Architectural Control Committee, c/o Steve Ashy, 4950 Johnston St., Lafayette, La. 70503. The address may be changed by the Architectural Control Committee by act recorded in the records of Lafayette Parish.

The plans and specifications required to be submitted to and approved by the Architectural Control Committee and referred to in the preceding paragraph, shall contain a return address for the applicant and shall be in such form, and contain such information, as may be required by the Architectural Control Committee. The Architectural Control Committee. shall have the right to disapprove any plans and specifications submitted by reason of any of the following:

A. Incompatibility of the proposed building with existing buildings located upon the lots in the vicinity;
B. Duplication or similarity in the nature, exterior color scheme, kind, shape, height, or materials used in the proposed buildings with that of adjoining buildings;

C. Failure of such plans or specifications to comply with any of these restrictions;
D. Objections to the site plan, drainage plan, or landscaping plan for the lot;
E. Failure of such plans to take into consideration the particular topography and natural environment of the lot; or

F. Any other matter which, in the sole judgment of the Architectural Control Committee, would cause the proposed buildings to be inharmonious with the general plan of development or with the buildings located upon other lots in the vicinity or detract from the appearance of the Subdivision.

3. No hogs, cows or horses, or any kind of fowl shall be kept on any of the lots involved herein. Dogs and cats may roam freely, as long as in accordance with local ordinances or law, and as long as they do no damage. However, they must be confined if and when they become a nuisance to their neighbor. Dogs, cats or other household pets shall not be bred or maintained for any commercial purposes.

4. Each residence constructed in this Subdivision shall be erected on a plot of ground not less than 0.23 acres of lot area. No lot shall be subdivided without the prior written consent of the Architectural Control Committee, its successor or assigns.

5. All residences shall contain at least one thousand seven hundred (1,700) square feet of conditioned living space, exclusive of porches, storerooms, garages, and carports.

6. It is the intent of this development to have houses that differ in design while still maintaining overall compatibility in the Subdivision.

A. The exterior material used on all residences will be of sound, durable, attractive, low-maintenance up-keep material, that is either painted, stained or built of colored material.

B. A minimum of seventy (70%) of the roof area shall be at an 8/12 pitch or greater. No metal or tin roofing is allowed. Copper roofing is allowed when used as an awning cover. No roll roofing shall be permitted.

C. No vinyl or metal siding is permitted except vinyl is permitted for soffits, overhead of porches, garages or carports, and aluminum is permitted for fascia. Further, the Architectural Control Committee may approve the limited use of vinyl siding on dormers where same does not detract from the purposes set forth above.

D. A minimum of seventy (70%) percent of the exterior walls of all residences shall be composed of brick, brickveneer, stucco or EFIS wall system or equal or better.

E. No houses of pier construction are permitted and all houses must be of slab construction unless either or both requirements are waived by the Architectural Control Committee.

F. Except as allowed in this paragraph, each residence shall be constructed with a minimum of a two (2) car enclosed garage. Open two car carports are allowed on those lots where the carport is not visible from any street bordering the lot and the carport is located in the rear of the home.

G. Mail boxes constructed in front of residences shall be of brick, EFIS or stucco to match the exterior of the residence.

7. Landscaping is required to be installed in front of all residences within one year of completion of construction of the residence and the minimum landscaping required must be approved by the Architectural Control Committee. All property not landscaped in front of residences will be seeded with grass and will be kept mowed and in presentable condition. Grass will not be allowed to grow higher than twelve (12) inches above grade. Developer or Developer’s designated successor shall have the right to mow any grass in violation of this section if, after ten (10) days written notice, the owner of said lot fails to do so and Developer shall also have the right to be reimbursed by such owner for expenses incurred. Such expenses, together with the reasonable attorney’s fees incurred by Developer in collecting same, shall be a charge and lien upon the property affected, from the date of recordation in the records of Lafayette Parish of an affidavit executed by Developer attesting to the facts giving rise to said lien. Such assessment shall also be the personal obligation of the person or entity who was the owner of such property at the time when the assessment was made. Developer may bring an action against the owner personally obligated to pay the same and/or to foreclose the lien against the property and interest at the rate of eighteen (18%) percent per annum, all costs, and reasonable attorney’s fees incurred in such action shall be added to the amount due. Any lien filed under this paragraph shall be inferior to all prior mortgages or liens of record.

8. The front sill or slab of every residential dwelling and porch on all lots shall be placed not less than twenty (20’) feet from the front property line.

9. No building shall be erected less than five (5’) feet from any side lot line, and the total set-back of both side lot lines shall be fifteen (15’) feet or greater. In the case of corner lots numbered 150, 162, 163, 175 an 176, the minimum set-back distances for the side bordering a street on these corner lots shall be ten (10’) feet; provided, however that where the garage on a corner lot faces the street, there shall be a minimum set-back of twenty (20’) feet for the garage on that side of the lot. Where construction of a dwelling is on one or more commonly owned lots, there shall be no side lot line requirement as to common lot lines, provided however, that encroachment of the side lot line of any common lot line without appropriate amendment to the restrictive covenants as provided herein shall cause the commonly owned adjacent lot to be considered as one lot with the lot on which said improvements have been placed for the purpose of construing the restrictions contained herein.


NOTICE: The set back requirements of applicable governmental bodies, such as the Town of Youngsville or City-Parish of Lafayette, may be more restrictive than those contained herein, and therefore, the regulations and requirements of such bodies should be reviewed prior to constructing improvements on lots in the Subdivision.

10. No trash, refuse, scrap lumber, metal, of piles of garbage, and no grass, shrub or tree clippings will be allowed between the rear of any residence and the street bordering the lot on which the residence is located and all such trash, refuse, etc., must be kept out of sight, and to the rear of the residence, so as not to be seen from the street bordering the lot on which the residence is located except that “in ground” garbage receptacles, located near the street fronting the residence, are permitted and except that such trash, refuse, etc. may be maintained at such times as may be reasonably necessary to permit garbage or trash pickup in such containers as may be approved by the Architectural Control Committee.

11. Driveways may not be constructed closer than 12” to the side property line or closer than allowed by the governing building code authority, especially when an electrical transformer or pedestal is located near the side property line.

12. Nothing is to be built above grade on the lawn between the building line and street on which a residence shall front; and nothing shall be placed thereon except such plants, lamppost(s), mail boxes, or decorative item(s) as will tend to beautify.

13. No noxious or offensive activities shall be carried upon any lots nor shall anything be done thereon which may be or become an annoyance to the neighborhood. Exploration or production for the extraction of minerals on the surface of the property in the Subdivision is prohibited.

14. Temporary sanitary facilities used during construction must be approved sanitary type such as Royal Johns, Port-A-Heads or Port-O-Lets.

15. No trailer, basement, tent, shack, garage, barn or other out-building erected on any lot affected by these restrictions shall at any time be used as a residence temporarily or permanently, nor shall any structure be occupied in any way in the course of construction, except by workmen, in the performance of their duties, nor shall any structure of a temporary character be used as a residence. No building or structure erected elsewhere shall be moved onto a lot within this Subdivision; component homes and/or component parts used in newly constructed residences are excepted. Buildings that are used for additional storage shall be set back behind the rear foot line of the main house, and shall be constructed with similar material as used for the home, and shall have the same type of roofing shingles as the main home. No old or second-hand materials shall be used in the construction of the exterior of any building in the Subdivision, unless specifically approved by the Architectural Control Committee. No aluminum or metal may be used on patio covers.

16. Only signs, no larger than twenty-four (24”) inches by thirty-six (36”) inches, or equivalent area, for the sale or rent of the lot and improvements shall ever be erected, placed or maintained on any lot in the Subdivision, except those approved by the Architectural Control Committee or used by the Developer, its successors or assigns.

17. Unless approved in writing by the Architectural Control Committee, no fence shall be erected or permitted to remain on any lot in the Subdivision between the street and the front setback line. Fences constructed between the front sill of any dwelling and the rear property line, whether parallel or perpendicular to the street, and along the rear property line shall be constructed of wood, concrete or brick. No creosote shall be used in any fence. Wooden fences may have metal posts provided however that no metal or wooden posts and no runners shall be visible from any street, it being the intention of the Developer that the better side of fence face outward toward all of the streets. No fence or wall serving the purpose of a fence situated anywhere upon any lot in this tract shall have height greater than seven (7’) feet above the finished graded surface of the ground on which the said fence or wall is situated unless a greater height is approved by the Architectural Control Committee. Fences erected shall be properly maintained. Any fences constructed by the Developer along lots which border Highway 92 and Bonin Road, if any, shall be maintained in good repair, and with the same style material and finish as originally constructed by the Developer. This maintenance will be the responsibility of the owner of the lot upon which each section of the fence is located.

18. The placing and parking of house trailers or mobile homes on any lot in the Subdivision shall be prohibited. No motor home, travel trailer, camper or other similar recreational vehicle may be used as a residence on any lot and any such vehicle, as well as any boats and boat trailer, hauling trailer or any type trailer, must be parked and kept behind the front set-back line within a closed building or behind a wooden fence with a minimum height of 6 feet so that, other than the upper portion thereof, it is not openly visible from the street. No vehicle may be parked on the street in front of any residence longer than eight (8) hours and no vehicle may be placed on blocks or any immovable position on any lots or street in this Subdivision.

19. Within the period provided below, each lot owner shall cause a sidewalk to be constructed as hereinafter described. Sidewalks shall be constructed in accordance with Lafayette Consolidated Government or other applicable jurisdictional authority regulations. Sidewalks shall be constructed in the road rights-of way and have a width of forty-eight (48”) inches measured by perpendicular line from the street side lot boundary and extending the entire length of such boundary. Sidewalks shall be constructed so as to join existing sidewalks located on adjacent lots at the same height, width and displacement. This restriction shall not be required where such construction is enjoined as a violation of any State or local law or ordinance or where authority for such construction is withdrawn by the owner of the road right-of-way.

Sidewalks shall be constructed upon the completion of improvements placed on any lot or prior to any deadline imposed by the Town of Youngsville, the Lafayette City-Parish Consolidated Government, or the Developer, whichever first occurs. In the event the owner fails to do so after ten (10) days written notice, Developer shall have the right to file in the records of Lafayette Parish, Louisiana, an affidavit setting forth the estimated cost of completing the sidewalk. The amount of such estimate shall be a charge and lien upon the property affected from the date of recordation of Developer’s affidavit and shall also be the personal obligation of the owner of the property. Developer may bring an action against the owner personally obligated to pay the same and/or to foreclose the lien against the property. Interest at the rate of eighteen (18%) per cent per annum from date of recordation of the affidavit, all costs, and reasonable attorney’s fees incurred in such action, shall be added to the amount due. Developer shall have the right to assign its interest in the lien, and the claims secured thereby, to the Town of Youngsville or the Lafayette City-Parish Consolidated Government to secure completion of sidewalks in the Subdivision. Once sidewalks have been constructed by the owner, or the lien for the construction of sidewalks is paid in full, the right to lien shall terminate.

20. No facilities, including poles, and wires for the transmission of electricity, telephone messages and the like shall be placed or maintained above the surface of the ground in the Subdivision, except such poles and overhead facilities as may be required at those places where distribution facilities enter and leave the particular area. No external or outside antennas of any kind shall be permitted that are or will be visible from the street. Antennas or satellite dishes must be placed behind front sill of house, and said satellite dishes cannot exceed 24” in diameter. Anything larger must be behind a fence and not visible from any adjacent lots. Nothing herein shall be construed to prohibit overhead street lighting or ornamental yard lighting where serviced by underground wires or cables, or to prohibit temporary service provided by Developer to builders during construction. Window air conditioning and heater units are prohibited where visible from the street.

21. Notwithstanding anything to the contrary contained herein until all of the lots in the Subdivision are disposed of by Developer, these restrictions, including, but not limited to, front, side or rear line set-back requirements, may be amended unilaterally by an act executed by Developer without the written consent of any other owner or purchaser of said lot or lots. Provided, no amendments may be enacted without the written consent of all owners where such amendments affect restrictions related to the manner in which these lots may be utilized (i.e., residential). Amendments affecting the side or rear set-back requirement will require only the approval of the lot owner (or owners if more than one side or rear lot line is involved) adjacent to or bounding that particular side or rear lot line which may be affected. Neither the Architectural Control Committee, nor any agent thereof, and neither Appearer nor any agent or employee thereof, shall be responsible in any way for the failure of any structure to comply with the covenants of this act, nor for any defects in any plans and/or specifications submitted or approved.

22. Should any person or persons violate or attempt to violate any of the covenants herein, it shall be lawful for any person or persons owning any real property in the Subdivision to prosecute in law and/or in equity against the person or person violating or attempting to violate any such covenant, and either to prevent him or them from so doing and/or to recover damages, or other dues, including attorney fees, for such violation. As used herein, “Association” shall mean and refer to the Field Crest Estates Homeowners Association, Inc., a Louisiana non-profit corporation, its successors and assigns. The Articles of Incorporation for the Association were filed with the Louisiana Secretary of State on November 13, 1997 and with the Lafayette Clerk of Court on November 13, 1997 under Entry No. 97-040898 and Amendment to the Articles of Incorporation for the Association were filed with the Louisiana Secretary of State on November 30, 1999 and with the Lafayette Clerk of Court on November 30, 1999 under Entry No. 99-048991, and are incorporated herein by reference thereto. All lots in Phase I, II and III of the Subdivision are subject to membership in the Association. In calculating the voting requirements for the Association, or to amend these restrictive covenants as provided on page one hereof, or to amend the restrictive covenants for Phase I, II and III, the total number of lots in Phase I, II and III of Field Crest Estates shall be considered in calculating said requirements. The purpose of the Association shall be to maintain architectural control, and to maintain and repair any common areas, in the Subdivision and such other purposes as seventy-five (75%) percent of the vote of the members of the Association agree. The subdivision signs for the subdivision are located on Lots 1, 108, 143 and commercial lot 189 of said subdivision. The ownership of the subdivision signs for Lots 143 and 189 are hereby transferred and conveyed to the Association as common area in consideration for the Association’s maintenance of same in good repair and an easement is hereby established in favor of the Association, its agents and contractors on said lots for the existence of said signs and access easement is hereby established from the street for access to said signs. Each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to agree to pay to the Association such assessments as may be established by the Association by a majority vote to repair, improve and /or to maintain the common areas of the Subdivision, and such other assessments as may be approved by a vote of at least eighty (80%) percent of the votes of the Association of the combined Class A and Class B votes. In the event any lot owner fails to pay any of the duly authorized assessments, then the Association shall be also entitled to collect interest thereon at the rate of 12% from the date due, together with costs and such reasonable attorney’s fees as may be required to collect such assessment. In addition, such assessments, costs and attorney’s fees shall be a charge on the land and shall be a continuing lien upon the lot from which such assessment is due from the date notice of same is filed in the mortgage records of Lafayette Parish, Louisiana and shall in any event be the personal obligation of the person(s) owning such lot at the time when the assessment became due.

Provided however, that notwithstanding anything to the contrary contained herein, lots owned by the Developer and lots owned by licensed builders and not occupied, shall be exempt from the payment of dues, charges or other assessments of the Association.

23. Invalidation of any one of these covenants by Judgment or Court order shall in no way affect any of the other provisions, which shall remain in full force and effect.

THUS DONE AND PASSED, in the Parish of Lafayette, Louisiana on the day and date first above written, in the presence of the undersigned, competent witnesses and me,

Notary, after due reading of the whole.

WITNESSES:


_______________________________


_______________________________




YOUNGSVILLE INVESTMENTS, L.L.C.



By: ________________________________
JOHN C. BROUSSARD, President





ASHY PROPERTIES, LTD.



By: ________________________________
STEVE ASHY, President



_____________________________

NOTARY PUBLIC