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11. So long as the Estate of Jerome J. Jones or VI @
<br />the trust estategcreated under the last will and testament r;,.. 0, �
<br />of Jerome J. Jones, deceased, or Dorothy Jones Frautschi,
<br />or Walter A. Frautschi, or John C. McKenna, Jr., have any
<br />title to any part of said plat, no building shall be erected
<br />or placed thereon until the plans, specifications, and plot
<br />plan showing the location of such building have been
<br />approved in writing; by the representative of the said estate,
<br />if the estate has any title, and by the representative of
<br />the trust estate, if the trust estate has any title, and by
<br />each one of said Dorothy Jones Frautschi, Walter A. Frautschi,
<br />John C. McKenna, Jr., who has any title in said plat, or
<br />their anent appointed in writing for said purpose. After the
<br />said parties cease to have title to any lot or lots in said
<br />plat, no building shall be erected or placed on said plat until
<br />the plans, specifications, and plot plan showing; the location
<br />of such building have been approved in writing, by a committee
<br />of three persons, each of whom owns a lot or lots in said
<br />plat, which committee members shall have been elected by a
<br />majority of persons holding the title to any lot or lots in
<br />said plat. The said estate, trust estate, Dorothy Jones
<br />Frautschi, Walter A. 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, whichever occurs
<br />first, may elect to assign their rights to approve such plans,
<br />specifications, and plot plan to said committee. For the
<br />purpose of said election, if any property shall be sold on
<br />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 tne number of lots owned, no person shall have more than
<br />one vote. In the event that such committee is not in
<br />existence or fails to approve or disapprove such plans,
<br />specifications, and plot plan within ten days after tne same
<br />have been submitted to any two members of said committee,
<br />then such approval shall not be required, providing the
<br />design conforms to and is in harmony with existing structures
<br />in said plat. In any case, either with or without approval
<br />as hereinbefore required, no single story structure with a
<br />floor area of less than 720 square feet or two story structure
<br />of less than 1000 square feet shall be constructed on any
<br />building site; for purposes of determining floor area stair
<br />openings shall be included but open porches, attached garages
<br />and basements shall be excluded.
<br />12. These covenants and restrictions are covenants and
<br />restrictions running with the land and shall be binding
<br />on all persons having an interest in said plat until October 1,
<br />1971, at which time said restrictions and covenants shall be
<br />terminated.
<br />13. If any person, or his heirs, successors, or assigns,
<br />shall violate or attempt to violate any of these covenants
<br />and restrictions herein prior to October 1, 1971, it shall be
<br />lawful for any person or persons owning any lot or lots in
<br />said plat to prosecute any proceedings at law or equity
<br />against the person or persons violating or attempting to
<br />violate any such covenant or restriction.
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