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VOL ieG mp osed on corner lots on the street on which the house fronts; the
<br />front of detached garages shall be at least 10 feet behind the front of the
<br />dwelling structures to which they pertain.
<br />3. No structure shall be occupied as residential quarters unless in-
<br />side sanitary toilet facilities are provided in the structure.
<br />4. An easement is granted over the rear five (5) feet of each of said
<br />lots, for the installation, maintenance and repair of utilities.
<br />5. No lot as platted shall be resubdivided; this covenant shall not
<br />be construed to prevent the use of two or more lots as one building site.
<br />6 No noxious or offensive trade or activity shall be carried on in
<br />said plat, nor shall anything be done thereon which may be or become an annoy-
<br />ance or nuisance to the neighborhood. This shall not be construed to prevent
<br />a family garden or orchard.
<br />7. Only members of the Caucasian race shall use or occupy any dwelling
<br />on said plat, excepting that this covenant shall not prevent occupancy by
<br />domestic servants of a different race employed by an owner or tenants.
<br />S. No trailer, basement, tent, shack, garage, barn, or outbuilding
<br />erected in said plat shall at any time be used as a residence, temporarily
<br />or permanently, nor shall any residence of a temporary character be used as
<br />a dwelling.
<br />9. No building previously erected elsewhere shall be moved upon any
<br />lot in said plat, excepting new prefabricated construction.
<br />10. So long as John M. Melaas, who is the present owner, or John C.
<br />McKenna, Jr., have any title to my part of said plat, no building shall be
<br />erected or placed thereon until the plans, specifications, and plot plan show-
<br />ing the location of such building have been approved in writing by said pres-
<br />ent owner and John C. McKenna, Jr., or their agent appointed in writing for
<br />said purpose, or if said present owner has no further interest in saidplat,
<br />then said approval shall be by saidJohn C. McKenna, Jr., or his agent appointed
<br />in writing for said purpose. After the said parties cease to have title to
<br />any lot or lots in said plat, no building shall be erected or placed on said
<br />plat until the plans, specifications, and plot plan showing the location of such
<br />building have been approved in writing by a committee of three persons each of
<br />whom owns a lot or lots in said plat. The present owner or John C. McKenna,
<br />Jr., after a period of seven (7) years from date of plat, or after 65% of the
<br />lots in said plat have been sold, whichever occurs first, may elect to assign
<br />their rights to approve such plans, specifications, and plot plan to said
<br />committee. For the purpose of said election, if any property shall be sold
<br />on land contract, the land contract vendee shall be deemed the title holder.
<br />The title holder or holders to any lot shall be entitled to but one vote in
<br />such election, and regardless of the number of lots owned, no person shall have
<br />more than one vote. In the event that such committee is not in existence or
<br />fails to approve or disapprove such plans, specifications, and plot plan within
<br />ten days after the same have been submitted to any two members of said commit-
<br />tee, then such approval shall not be required, providing the design conforms
<br />to and in harmony with existing structures in said plat. In any case, either
<br />with or without approval, the ground area of any dwelling in said plat, exclu-
<br />sive of open porches and attached garage shall not be less than 650 square
<br />feet for one-story dwellings and not less than 1000 square feet for two story
<br />dwellings.
<br />11. These covenants and restrictions are covenants and restrictions
<br />running with the land and shall be binding on all persons having an interest
<br />in said plat until July 1, 1973, at which time the said restrictions and cove-
<br />nants shall. terminate.
<br />12. If any person, or his heirs, successors, or assigns, shall violate
<br />or attempt to violate any of these covenants and restrictions herein prior
<br />to July 1, 1973, it shall be lawful for any person or persons owning any lot
<br />or lots in said plat to prosecute any proceedings at law or in equity against
<br />the person violating or attempting to violate any such covenant or restric-
<br />tions.
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