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VOL 1ZRY r,:rEZT'J <br />3. An easement is granted over the rear five (5) <br />feet of each of said lots and over such other part or parts <br />of each of said lots as is designated on the recorded plat for <br />the installation, maintenance and repair of utilities. <br />4. No more than one dwelling shall be erected on <br />any single lot as platted; provided, however, that a dwelling <br />may be erected on parts of two or more lots if the area of any <br />building site as subdivided is not less than eight thousand <br />(8,000) square feet and the front footage thereof is not less <br />than sixty (60) feet. <br />6. No noxious or offensive trade or activity shall <br />be carried on in said plat, nor shall anything be done there- <br />on which may be or become an annoyance or nuisance to the <br />neighborhood. This shall not be construed to prevent a family <br />garden or orchard. <br />6. Only members of the Caucasian race shall use or <br />occupy any dwelling on said plat excepting that this covenant <br />shall not prevent occupancy by domestic servants of a different <br />race employed by an owner or tenant. <br />7. No trailer, basement, tent, shack, hut, garage, <br />barn, or outbuilding erected in said plat shall at any time <br />be used as a residence temporarily or permanently, nor shall <br />any structure of a temporary character be used as a dwelling. <br />8. No building previously erected elsewhere shall <br />be moved u7)on any lot in said plat, excepting; new nrefa.bri- <br />cated construction. <br />9. So long as Dorothy Jones Frautschi or John C. <br />McKenna, Jr. have any title to any part of said plat, no <br />building shall be erected or placed thereon until the plans, <br />specifications, and. plot plan showing the location of such <br />building have been approved in writing by said Dorothy Jones <br />Frautschi and John C. McKenna, Jr., or their agent appointed <br />in writing; for said purpose. After the said parties cease <br />to have title to any lot or lots in sFid plat, no building <br />shall be erected or placed on said plat until the plana, <br />specifications, and the plot plans showing the location of <br />such building, have been approved in writing by a committee <br />of three persons, each of whom have been elected by a majority <br />in number of persons holding the title to any lot or lots in <br />said plat. Dorothy Jones Frautschi or John C. McKenna, Jr., <br />after a period of seven (7) years from date of plat, or after <br />65% of the lots in said plat have been sold, which ever occurs <br />first, may elect to assign their rights to arprove such plans, <br />specifications and plot plan to said committee. For the <br />purpose of said election if any property shall have been sold <br />on land. contract, the land contract vendee shall be deemed the <br />title holder. The title holder or holders to any lot shall <br />be entitled to but one vote in such election, and regardless <br />of the number of lots owned, no person shall have more than <br />one vote. In the event that such committee is not in exist- <br />ence or fails to approve or disapprove such plans, specifi- <br />cations and. plot plan, within ten days after the same have <br />been submitted to any two members of said. committee, then <br />such approval shall not be required, providing the design <br />conforms to and is in harmony with existing structures in <br />said plat. In any case, either with or without approval, the <br />floor area of dwelling structures including?' stair wells but <br />excluding open porches, basements and attached garages shall <br />not be less than seven hundred and seventy-five (775) square <br />feet for one story structures or twelve hundred (1200) square <br />feet for two story structures. <br />10. These covenants and restrictions are covenants <br />and restrictions running with the land and shall be binding <br />on all persons having an interest in said plat until December <br />1, 1971, at which time said restrictions shall terminate. <br />