Below is the Act Recorded for Old Mandeville Woods in 2004 in the Official Records of St. Tammany Parish.
Deed Restrictions State of Louisiana
And Covenants Parish of St. Tammany
Of OLD MANDEVILLE WOODS
By: CHATEAU NOUVEAU, LLC.
For: OLD MANDEVILLE WOODS COMMUNITY
BE IT KNOWN, that on this ____ day of ___________, 2003.
BEFORE ME, __________________, Notary, in the Parish and State aforesaid, and in the presence of the undersigned competent witnesses, personally came and appeared: convey
CHATEAU NOUVEAU, LLC., a limited liability corporation, organized under the laws of the State of Louisiana, domiciled and doing business in St. Tammany Parish, Louisiana, herein represented by Yolanda H. Moore and Lloyd Songy, equal partners, and the mailing address of which is declared to be 1623 Lakeshore Drive, Mandeville, Louisiana 70448 (hereinafter referred to as “Developer”).
WHICH DEVELOPER DECLARED, that it is the record owner of a portion of ground located in Section 1, Township 8 South, Range 11 East, and Section 6, Township 8 South, Range 12 East, St. Tammany Parish Louisiana, being a parcel containing 22.6 acres of land, on which 36 residential lots have been developed, known as OLD MANDEVILLE WOODS COMMUNITY. Said parcel is described in accordance with the plat and survey prepared by John H. Bonneau & Associates, Inc., hereinafter referred to as the “plat”. Full legal descriptions of the parcels and the location of the said lots thereon, are shown by reference to the said community plat which has been approved by the City of Mandeville authorities, and duly filed with the Clerk of Court, St. Tammany Parish, as Map File No. _______, all of which is incorporated hereby by reference.
AND WHICH DEVELOPER DECLARED, that it desires to submit OLD MANDEVILLE WOODS to certain deed restrictions and covenants in order to provide for the preservation of values in the community, including those related to the preservation of wildlife and the woodland environment, and in order to accomplish this end it is necessary that these deed restrictions and covenants be placed of record.
NOW THEREFORE, the Developer hereby declares that all lots in the OLD MANDEVILLE WOODS, shall be and are held, conveyed, hypothecated, encumbered, sold, leased, rented, used, occupied and approved subject to the covenants, privileges, restrictions and contractual obligations and rights as hereinafter set forth, all of which are declared to be in aid of a plan for the improvement of the Property. These Deed Restrictions and Covenants shall be deemed to run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Developer, and its successor and assign, the City of Mandeville. Issues not addressed in these Deed Restrictions and Covenants will be governed by the laws of the City of Mandeville for single family residences.
COVENANTS, DEED RESTRICTIONS AND OBLIGATIONS
FOR OLD MANDEVILLE WOODS
1. Architectural Committee - Shall mean and refer to Ronald K. Stoessell, Yolanda H. Moore and Lloyd Songy to be the Architectural Control Committee, to decide architectural issues by majority vote, authorized and provided for hereinafter (AC). Once the development is completed and the City of Mandeville takes possession of streets and community assets, the City of Mandeville will be its successor and may appoint an AC committee.
2. Developer - Shall mean CHATEAU NOUVEAU, L.L.C., its successors, assigns, or transferees.
3. Lot - Shall mean each of the subdivided parcels of real property designated for residential construction and private ownership in the OLD MANDEVILLE WOODS, as shown on the recorded plat, and any other lots in future phases of the community if developer elects to add future phases to these restrictions, as adjacent land owned or hereafter purchased by developer is developed.
4. Rules and Regulations - Shall mean the Rules and Regulations as may be promulgated by the AC from time to time, governing the rules and standards for construction and the procedures for obtaining necessary prior approval for site preparations and construction.
II USE OF PROPERTY
1. The community was approved by the City of Mandeville, for single -family use by the proper authorities. The lots shall be subjected to no other use than those allowed under the zoning regulations of single-family residences in the City of Mandeville on the date of this instrument. Developer may, however, utilize a lot or lots as sales and/or administration offices until all lots are sold.
2. All improvements on the lots shall be constructed in accordance with the requirements provided herein below and shall thereafter be maintained by the owner in a clean, safe, attractive condition and in good repair.
III. PROHIBITED ACTIVITIES
1. No animals, birds, or fowl shall be kept or maintained on any part of the property for any commercial use or purpose.
2. No accumulation or storage of trash, litter, lumber, scrap metal, building materials, new or used, shall be permitted in viewable areas of any lot, provided, however, that the storage of building materials and equipment shall be permitted during periods of new construction, remodeling and/or renovation of any improvement located upon any lot, for periods deemed reasonable by the AC.
3. No structure of a temporary character such as a trailer, camper, camp truck, house trailer, mobile home, or other prefabricated trailer, house trailer shall be used or kept on any lot at any time as a residence either temporarily or permanently. Further, any camper, camp truck, recreational vehicle, motorcycle, boat and/or boat trailer shall be kept within the designated building area, as indicated on the plat.
4. Trees and Clearing - Within the designated building lot area of 70' x 120' on the plot, located in the center of the lot, clearing involving bush removal and putting in a lawn and/or pool may be done at the owners discretion with permission from the developer. Tree removal of 6" or more must be approved by the AC and/or the City of Mandeville. The front and back setbacks of each lot are designated on the plat as conservation easements for the preservation of trees & wildlife habitat. The only clearing that can be done in these wildlife areas, except as noted below, are for utilities and such areas are to be restored to their original condition after utilities are in place.
Within the back area of each lot, designated as a conservation easement area on the plot, no clearing of live trees or underbrush is allowed.
Within the front area of each lot, also designated as a conservation easement on the plot, a driveway no greater than 15 feet in width may cross to connect Old Mandeville Lane with the designated building area. No other clearing of live trees and underbrush is allowed.
The owner is allowed to remove dead trees and underbrush within the two wildlife areas.
The addition and/or replacement of native vegetation with more desirable native vegetation, e.g., planting trees and bushes that provide food and/or shelter for animals is allowed.
The clearing of live trees is not allowed in the side-yard areas of each lot. The addition and/or replacement of native vegetation with more desirable native vegetation, e.g., planting trees and bushes that provide food and/or shelter for animals is allowed.
5. No owner will do or permit to be done any act upon his property which may be, or is, or may become, a nuisance to the other owners or which is unsafe, hazardous or illegal.
6. Water and sewage treatment shall be supplied by Northlake Environmental & Engineering Services, Inc. (NEES). No individual sewage treatment plants, i.e., septic tanks, are allowed on lots. No individual water wells are allowed.
7. No changes in the elevations or drainage of the land, other than changes to meeting government regulations, shall be made on the property without prior approval of the AC. Such changes shall in no manner adversely affect any neighboring property.
8. No work or construction of any kind can be done on the Property except with the approval of the AC.
9. No owner shall install or cause to be installed any exterior lamp posts or “street lighting” except as approved by AC.
IV. EASEMENT OVER LOTS
The developer shall have the right to grant reasonable licenses, easements and rights of way for conservation of trees and wildlife habitat, sewer, water, storm drain, telephone, electricity, gas, cable T.V. and other utility lines and for streets of rights of passage over portions of the lots prior to the sale of the lot to the owner occupant.
V. PURCHASER/PROPERTY OWNER IN THE OLD MANDEVILLE WOODS
Any purchaser in this community takes note and acknowledges by purchasing a lot herein that there shall be established DEED RESTRICTIONS AND COVENANTS governed by AC, and it’s successor, the City of Mandeville.
The streets herein, as designated on the plat, will eventually be owned by the City of Mandeville, but at present is owned by the Developers.
From the date of purchase of a lot, construction must begin within six (6) months, unless AC grants an extension. After one (1) extension, or failure to receive an extension, the developer, CHATEAU NOUVEAU, LLC., has the option to purchase back the lot at the same price as sold to original purchaser. Furthermore, CHATEAU NOUVEAU, LLC has the first right of refusal to purchase, at the original purchaser’s price, within two (2) years of purchase.
VI. ARCHITECTURAL CONTROL AND CONSTRUCTION
1. Architectural Control. No structure shall be erected on any lot or elsewhere on the Property by any person, firm or corporation without the prior approval of the Architectural Committee. For purposes of this section, the word “structure” shall be construed most broadly and shall include but not limited to buildings, swimming pools, fences, sheds, walls, porches, signs, towers, driveways, walks, television antennae, storage facilities and any other thing erected or placed on any part of the Property. For purposes of this section, any addition to a present structure shall be considered a structure and shall require architectural approval. There may be a reasonable fee charged to submit plans for approval. In addition to the matter otherwise provided herein, architectural control shall include the approval of a structure’s size, structural construction materials, exterior appearance and location on the lot. The architectural control committee has the authority to disapprove structures which it deems not to coincide with the aesthetics of the community or which it deems to be too repetitive within the community, in its sole discretion.
The architectural control committee shall be composed of Ronald K. Stoessell, Yolanda H. Moore and Lloyd Songy, and shall be known as the AC. All 3 members must be present for meetings and all matters not approved by a majority vote are denied. The City of Mandeville may appoint an AC Committee after taking possession of the streets and community assets when the development is complete.
2. Commencement and period of construction. Chateau Nouveau, LLC., will be the contractor for houses constructed in the development until the development is completed and the City of Mandeville takes possession of the streets.
An exception to the above requirement may be granted if CHATEAU NOUVEAU, LLC, approves another contractor in writing to build on a particular lot.
Construction must be substantially completed within twelve (12) months from the commencement of work. All necessary building and related permits must be obtained prior to commencement of construction, and all construction must be performed in accordance with any regulations promulgated by the AC from time to time, and applicable building codes, and in accordance with the plans and specifications submitted to and approved by the AC. Any change in plans and specifications during construction from those approved by the AC shall be resubmitted for specific approval.
3. Disclaimer. Review of plans and specifications by the AC is for the purpose of assuring the desired aesthetics for the community and the steady quality of construction on the property affected by these restrictions and is not intended nor shall it be construed to be for the benefit of any other party (ies). No party who submits plans and specifications shall have any right or cause of action against the AC for alleged negligent or intentional failure to advise of any deficiencies or defects therein, it being understood that same is not being monitored.
4. Sign Control. No sign shall be placed on a lot or on the exterior of any building constructed on a lot without prior approval of the AC, except a sign offering a lot or lots for sale. Such “for sale” signs may not exceed four (4) square feet. However, a larger sign may be erected by the developer at a location approved by the AC. This section does not affect signs announcing the name of the community, which shall be of such size and at such location as the AC determines appropriate.
5. Authority to Grant Variances. The AC shall have the exclusive power and authority to grant variances from the strict application of any of these covenants provided that such variances shall not subvert the purpose and principal thereof. The grant of a variance should be based upon the AC’s opinion that the variance will improve the quality and/or appearance of the project or will alleviate practical difficulties or undue hardship. Such variances as may be presented to the AC shall be considered on an individual, case by case basis, and shall not be deemed to set any precedent for future decisions by AC. Nor shall the grant of a variance in any manner alter the force or effect of the restrictions with regard to other lots. Variances required by law from the City of Mandeville must be sought directly from the City of Mandeville.
VII. PROPERTY OWNER’S RIGHT OF ENJOYMENT
Subject to the provisions of these restrictions, and any regulations established by the AC or the City of Mandeville, every property owner shall have a right to use and enjoy the property or lot acquired and owned.
Should any property owner fail to properly maintain their property, ground and/or facilities, or in any manner allow their property to become detrimental to the aesthetic scheme of the community, or violate these restrictions in any manner, then the AC, and it’s successor, the City of Mandeville, its agent, employees, and/or contractors shall have the right to enter upon the property in order to take such corrective actions as will alleviate the situation. Such an entry will not be deemed to be a trespass. The AC, and it’s successor, the City of Mandeville, its agent, employees, and/or contractors shall be reimbursed by the property owner for the full costs of such work performed in order to alleviate the situation.
1. APPROVAL OF ARCHITECTURAL PLAN. The owner/builder shall submit two (2) sets of the architectural plan and site plan to the AC office. The site plan must show the building size, slab elevation, setback lines, driveway location, any other paving, fences and culverts to scale.
One set of plans will be signed by two (2) of the three (3) AC members as either approved or rejected within a reasonable time period. The signed set will be returned, the other retained for the committee’s records. There may be a reasonable fee charged for the review and approval process.
2. DWELLING SIZE. No dwelling shall be constructed on any lot having less than two thousand four hundred (2,400) square feet of living area (heated and cooled), this being exclusive of open porches and garages.
Each residence will have in addition, storage for at least two-cars. No residence can exceed three thousand (3,000) square feet of under beam, to include porches and garages, on the ground floor.
NOTE TO EXCEPTION OF DWELLING SIZE. Six lots will be set aside for the construction of homes having no less than one thousand eight hundred (1,800) square feet of living area (heated and cooled), this being exclusive of open porches and garages. Each residence will have in addition, storage for at least two-cars. This exception of dwelling size is designed to help preserve the lots that are more heavily wooded with big trees of species such as long-leaf pines and live oaks. No residence can exceed three thousand (3,000) square feet of under beam, to include porches and garages, on the ground floor.
3. BUILDING LOCATION - CULVERTS - ELEVATIONS.
A. The front, rear and side yard requirements which shall apply to all lots in the community, are those described under “Restrictive Covenants” in the top right hand corner of the plat, or as shown on the plat itself. Any and all greenbelts, servitudes, no-clear buffer areas, and the like as shown on the plat, are adopted and incorporated into the City of Mandeville approval of OLD MANDEVILLE WOODS, through the permitting of this subdivision. Any construction or clearing of any nature which interferes with the servitude or greenbelt or no-clear buffer zones is prohibited. These yard requirements apply to both the primary living structure and accessory buildings. AC, and it’s successor, the City of Mandeville, may grant set back variances for accessory buildings or structures in its discretion.
The architectural style, proportions and materials of the accessory building should match or be compatible with that of the primary structure, and plans and locations therefore must be submitted just as for the primary structure.
(1) All driveways, aprons and off street parking areas must be finished with limestone or permeable asphalt. Gravel may only be used as the surface layer during the construction of a home, but not permitted after the home is completed. All driveways must have a culvert approved in size by the AC. Each driveway must have two (2) expansion joints, one on either side of the culvert. Developer reserves the right to designate an engineer to assure proper culvert size and elevation and for a subcontractor to install the culvert to proper elevation at property owner’s expense. However if the builder or owner does not properly install the culvert, he will be notified by the AC and failure to correct same within fifteen (15) days of notice will result in AC correcting same and the assessment of this cost to the lot owner or builder.
(2) The placement of driveways on lots must be approved by the AC to assure that there are no entrances or exits of driveways which interfere with traffic flow at intersections and to assure that aesthetics of the overall community are preserved.
(3) Construction of any nature except fences which do not interfere with the use of the servitudes, is prohibited in any utility or drainage easements. Driveways, naturally are a further exception, and may cross servitudes, to join the street.
(4) The minimum elevation for the lowest floor of all residences shall be determined from the latest FEMA Flood Insurance Rate Maps, as obtained from the City of Mandeville or a licensed surveyor.
(5) The AC will require that all piers on raised houses be faced with a material which is compatible with the building materials of the residence.
(6) Fences. All fences must be approved prior to construction by the AC. Fences should not exceed six (6') in height. No barbed wire or chain-link fences are allowed. No “solid-wall” fences are allowed. As example, type of fencing that is acceptable are wrought-iron and picket fences. Fences can be erected only on the 70' x 120' building pad area as designated on the plat plan.
IX. GENERAL PROVISIONS
1. Effect of Provisions of Act. By filing these restrictions before the sale of any lot in this community, each provision of this act shall be deemed incorporated into each deed or other instrument by which any right, title or interest in any of the property is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument.
2. Severability. Invalidity or unenforceability of any provision in this act shall not affect the validity or enforceability of any other provision of any valid and enforceable part of this act.
3. Captions. Captions and headings herein are for convenience only and are not to be considered substantively.
4. No Waiver. Failure to enforce any provisions of this act shall not operate as a waiver of any such provision or any other provision of this act.
5. No Liability. Neither Developer or AC, nor the respective agents and/or employees shall be liable to any Owner or any other party for any loss, claim or demand asserted on account of the administration of these restrictions or the performance of the duties hereunder, or any failure or defect in such administration and performance. These restrictions can be altered or amended only as provided herein and no person is authorized to grant exceptions or make representations contrary to the intent of this Declaration. No approval of plans and specifications and no publication of minimum construction standards shall ever be construed as representing such plans, specifications or standards will, if followed, result in a properly designed residential structure. Such approvals and standards shall in no event be construed as representing or guaranteeing any residence will be built in a good, workmanlike manner. The acceptance of a deed to a residential Lot by the Owner in the subdivision shall be deemed a covenant and agreement on the part of the Owner, and the Owner’s heirs, successors and assigns, that Developer, as well as their agents and/or employees, shall have no liability under this Act except for willful misdeeds.
IN WITNESS WHEREOF, Declarant has executed this instrument as the date set forth in the presence of the undersigned competent witnesses, after reading the whole and for the purpose stated herein.
WITNESSES: CHATEAU NOUVEAU, L.L.C.
__________________________ BY: ______________________________
YOLANDA H. MOORE, PARTNER
__________________________ BY: ______________________________
LLOYD G. SONGY, PARTNER