18
/ L. ...n .' I ' :. : 1.1. IJ. ..l " ..,.. " r. I I OI;i f'..:. J I IT ... -I. I. . ~ ,.~ .. 1 . ' // ;1. .(;:0 \.1 'fI. .o o --- 43. o ,) JUL IlEW-~l1irt~~ON OF P~g~.CTIVE COVENAN:TS 1") .GQBBLESTONE RUN SUBDIVISION \:;;~::. ,... ..c.. .:,~:~., ;., t~ ) ) ST A TE OF ALABAMA ELMORE COUNTY KNOW ALL MEN BY J:HESE PRESENTS, THAT: WHEREAS,~~~(}m~~~\;~~e~, is the owner of real property known as COBBLESTONE RUN SUBDIVISION (hereinafter referred to as "Subdivision"), located in Elmore County , Alabama, a more particular description ofwhich appears Qn.;aw»bitx~~~tlx1I~to::and)(JX1'&d~Ya<~~X~~~f;xM4 in Plat Book II Page 96 filed on 7/7/95, in Elmore County Probate office. WHEREAS, ~~-~~~4fJf!rildesires to subject said property and each lot to be located in said Sufiaivlslon to and impose upon said lots mutual and beneficial restrictions, covenants, terms, conditions and limitations (herein for convenience sometimes referred to collectively as "Restrictions") for the benefit of all tile lots i11said Subdivision, tile futtlfe owners of said lots, and any otiler party as may be specified herein; NOW, THEREFORE, .rg"«tf!"Romes~ij:;Wi:~i@':;~dees hereby proclaim, publish and declaI.e tllat all of fue said lots in said Subdivision (4erein 'ILot" or "L~ts").aI.e subject to, held and shall be held, conveyed, hypotllecated °or encumbered, rented, used, occupied and improved subject to the follow~g Restrictions which shall run witll the land and shall be binding upon ~md:JIlm,eS~fjS~~Z,@%~\~:md,upon all. parties having or acquiring any right, title or interest in and to t1le real property or any part or partso th~reof subject to such Restrictions. The Restrictions co...ntained,o: herein shall apply only to t1le Lots ill Cobblestone Run Subdivision and isllall not i ,.. , ° 0 apply to any other land owned b~'ga~;Romesr,t;~~!B~~~t unless sne,qifi"callyO E', I'" ."' 0 imposed upon such otller land by a document or plat executed by Develpper~ and recorded in t11e Office of ilie J udge of Probate of Elnlore County, Alabama. ..:\ifshall from tllis point on be refelTed to as "Developer." u,3 nnn30

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Page 1: KNOW ALL MEN BY J:HESE PRESENTS, THAT0104.nccdn.net/1_5/25c/294/35a/CRHA_Covenants.pdf · KNOW ALL MEN BY J:HESE PRESENTS, THAT: WHEREAS,~~~(}m~~~\;~~e~, is the owner of real property

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JULIlEW-~l1irt~~ON OF P~g~.CTIVE COVENAN:TS

1") .GQBBLESTONE RUN SUBDIVISION\:;;~::. ,... ..c.. .: ,~:~., ;.,

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ST A TE OF ALABAMAELMORE COUNTY

KNOW ALL MEN BY J:HESE PRESENTS, THAT:

WHEREAS,~~~(}m~~~\;~~e~, is the owner of real property known asCOBBLESTONE RUN SUBDIVISION (hereinafter referred to as "Subdivision"),located in Elmore County , Alabama, a more particular description ofwhich appearsQn.;aw»bitx~~~tlx1I~to::and)(JX1'&d~Ya<~~X~~~f;xM4 in Plat Book II Page96 filed on 7/7/95, in Elmore County Probate office.

WHEREAS, ~~-~~~4fJf!rildesires to subject said property and eachlot to be located in said Sufiaivlslon to and impose upon said lots mutual andbeneficial restrictions, covenants, terms, conditions and limitations (herein forconvenience sometimes referred to collectively as "Restrictions") for the benefit ofall tile lots i11 said Subdivision, tile futtlfe owners of said lots, and any otiler party

as may be specified herein;

NOW, THEREFORE, .rg"«tf!"Romes~ij:;Wi:~i@':;~dees hereby proclaim, publishand declaI.e tllat all of fue said lots in said Subdivision (4erein 'ILot" or "L~ts").aI.esubject to, held and shall be held, conveyed, hypotllecated °or encumbered, rented,used, occupied and improved subject to the follow~g Restrictions which shall run

witll the land and shall be binding upon ~md:JIlm,eS~fjS~~Z,@%~\~:md, upon all.parties having or acquiring any right, title or interest in and to t1le real property orany part or partso th~reof subject to such Restrictions. The Restrictions co...ntained,o:herein shall apply only to t1le Lots ill Cobblestone Run Subdivision and isllall noti ,.. , ° 0apply to any other land owned b~'ga~;Romesr,t;~~!B~~~t unless sne,qifi"callyOE', I'" ."' 0

imposed upon such otller land by a document or plat executed by Develpper~ and

recorded in t11e Office of ilie J udge of Probate of Elnlore County, Alabama.

..:\if shall from tllis point on be refelTed to as

"Developer."

u,3

nnn30

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;.. .'1, '.

ARTICLE IflOn302 .

MUTUALITY OF BENEFIT AND OBLIGA TION

Section I.A. The Restrictions and agreements set forth herein aIte madefor t11e mut1lal and reciprocal benefit of each and every Lot in the Subdivision andare intended to create muttlal and equitable servit1ldes upon each of said tots infavor of each and all otller Lots therein, to create reciprocal rights between t11erespective owners of said Lots; and to create a privity of contract apdi\ est~tebetween t11e graIltees of said Lots, their heirs, successors and assigns. 1

ARTICLE II

ARCHITECTURAL REVIEW COMMITTEE

AND REQUIREMENTS OF CONSTRUCTION

Section 2.A. Conce2t. It is intended that the Subdivision development willbe a residential community of high esteem and quality homes in a delightfulenvironment. The concept of Cobblestone Run Subdivision is to provide han\nonyof architectural standards but not absolute conformity . , I

Secti.on 2.B. Architectural Review Committee. The Architectural Rer.'iewCommittee (herein referred to as the "Committee") shall consist of Kelmy H~yes.

TIle primary autllority of tlle Committee shall be to examine and approve ordisapprove all initial and subsequent plans, including site plans, for constru.cti9t1 ofimprovements on tlle Lots witllin this Subdivision, in 'accordance witl1 : tl1eprovisions of these Covenants. The Committee shall have su~~ , qtherresponsibilities, duties and authority as provided for herein, but the committee' i all,. not have any responsibility, duty, power or authority not provided l°r;~~~z:ein.

:\' ~..,Section 2. C. Plan ADRroval. All plans and specifications for ~y stnJctUre,

outbuilding, or improvement whatsoever to be erected on or moved upon or to anyLot, culd ilic proposed location tllereof, all finishes, tile roofs, landscaping, and laterchanges or additions, after. initial approval thereof, and any remodelipg,

Ireconstruction, alterations or additions thereto on any Lot shall be subject to ~d

shall require the approval in writing of the Committee before ally work! is

utj2

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commenced. The scop~ ~fQe~iQ~ by tIle Committee shall be limited to appearanceonly and shall not include any responsibility or authority to review for struc~al

soundness, compliance with building or zoning codes or standards, or any ot1lersimilar or dissimilar factors. Commencement of construction prior to the receiptof a Letter of Approval of t1le Coffilnittee, a copy of which must be signed Iby the

Builder, or Owner, and returned to the Committee for retention, is striCtly

prohibited.

Section 2.D. Review Documents. One set of prints of the drawings and

specifications (herein referred to as "plans") for each house or other structureproposed to be constructed on each Lot shall be submitted for review and approvalor disapproval by ti1e Committee.. The plans submitted to tile Committee shall, beretained by tile Committee. Said plans should be delivered to the general office of

Legacy Homes, L.L.C., or such other location as may be desigIlated by theCommittee after terminatiIlg control as provided in Article 2.B., at least three (3)

working days prior to tl1e date construction is scheduled to commence. Each suchplan must include tl1e following: I I

All plans for structures shall not be less t1lan 1/8" = 11 scale.

2. All plans must state t1le elevations of all sides of the proposed s~ctureas such sides will be after finished grading has been accomplished.

3. All plans must include a summary, specifications list of proposcdmaterials and saInples of exterior materials, including paint or other .finish samples,which cannot be adequately described and ofmaterials wit1l which tIle Committ~eis unfamiliar.

..2-E-l" It is tile intent of Cobblestone Run Subdivision to genetaIJ~present a sound architectural environment; however, tl1e elevation anqr ~xt~riorappearance of no two houses shall be permitted to be the same. The f9~~9wingtypes of exterior materials, among others, are acceptable, subj.ect to final 'approvalof tile actual appem"ance of such materials by tile Architectural Review Committee.

(a)(b)

BrickStone

uS3

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n O O 3 O (~(c) Stucco, sylltllic plaster (e.g., dryvit)(d) Painted Wood Siding(e) AluminumNinyl Siding(f) Masonite Siding(g) Natural-colored Asphalt Shingles or cedar shakes. White roofing

of any material is NOT acceptable.Palllt must be approved by tlIe Committee within 48 hours or 2

working days. White exteriors and light colors are prefeITed.Exceptions can be approved by the Committee.

(11)

2-E-3

2-£-5.

u6

4

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~{ 1-\ rri t:.i~!;~K lJL

onrJjoS(C) Appropriate window treatments shall be used on all windows.

Sheets, bed linens, blankets and paper or plastic bags are not appropriate window

treatments.

2-E-6. All fences, including fences for backyards, swimming pools, dogpens, gardens, horse stables or for any otller purpose, must b.e approved by the

Committee prior to construction.

2-E- 7. No sign of any kind shall be displayed to the publi~ view on anyparcel except four ( 4) professional signs of not more t11an fOl1f square feet toadvertise t11e property for sale or rent, or a service rendered, or a bui)der toadvertise t11e property during the construction or sales period. No signs are to benailed to any trees. All builders' and contractorsl signs must be removed wm the

lot witllin 30 days after the house has been sold. \

2-E-8. The Committee reserves the right to make exceptions to\architectural guidelines in the event solar heating is to be used, such exceptions to'be made on a case by case basis, considering the design's compatibility with the

neighborhood.

2-E-9. No house shall have exterior concrete block walls or retainer

walls,

Section 2.F, Constnlction Obligations.

2-F-l. During construction, all vehicles, including t11ose deliveringsupplies, mlist enter t11e building site only on driveways approved. by. theCommittee and such vehicles must be parked on the building Lot where theconstruction is under way so as to not unnecessarily damage grass or tI"ees outsideof driveway right-of-way. c'}

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"2-F-2. All building debris, stumps, trees, etc., must be rem~v'ed from., , 0.- ., ' .

each Lot by buIlder as often as necessary to keep t11e house and Lot"attractIve.

Such debris shall not be dumped in any area of the Subdivision. '\.,..,

2-F-3.and yards cut.

During constnlction, builder must keep homes and garages clean

u7

5

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2-F-4. All proposed exterior d:coratin~ or redecorating. inc!udingt olor

changes. must be approved by the ColnIn1ttee or ItS successors or assIgns.

2-F-5. Underground Utilities. All utility lines, pipes, conduit~ and wiring for electrical, gas, telephone) water, sewer, cable television, security an any

other utility service for any portion of the Subdivision shall. be installed andmaintained below growld.

2-F-6. The Committee shall have the right to establish speJificrequirements for t11e pitch of any roofand the type ofroofing materials which ~aybe utilized for any dwelling. Roof pitch on the roof sections of the house §hquldbe no less than 7/12. Gables or doImers shill have a minimum roofpitch of 12{12,unless approved by the Committee. i

ARTICLE III

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ARTICLE IV

ToMS

;NTS

Section 4.1. It shall be the responsibility of each Lot owner to pt vent t1le development of any unclean, unsightly or unkept conditions of buildi 9 or

groU1lds on such Lot which shall tend to decrease the beauty of the specifi area

or of the neighborhood as a whole. \

Section 4.2. All Lots, whetiler occupied or unoccupied, andl anyimprovements placed t1lereon, shall at all times be maintained in a nea~ and

attractive condition and in sucb manner as to prevent them from beco,ningunsightly by reason of unattractive grOWt1l on such Lot or tIle accumulation ofrubbish or debris thereon. In order to implement effective control of this itelri" tlleCommittee reserves t1le right, after ten (10) days' notice to any Lot owner, to ~nterupon any Lot with such equipment and devices as may be necessary fo~ t1lepurpose of mowing, removing, clearing or cutting underbrush, weeds or dt1lerunsightly growth and trash which, in tlle opinion of Developer or tIle COll11n~.ee, detracts from t1le overall beauty and safety oftl1e Subdivision. Such entrance pon

such property for such purposes shall be only between tIle hollfs of 7:00 A.M. and6:00 P.M. on any day except Sunday and shall not be a trespass. Developer o theCommittee may charge t1le owner a reasonable cost for such services, which ch~rgeshall consti.tute a lien upon such Lot enforceable by appropriate proceedings at awor in equity .The provisions of this paragraph shall not be construed as anobligation on tile part of Developer or the Committee to mow, clear, cut or pI lie

aIly Lot nor to provide garbage or trash removal services.

Section 4.3. No trash, garbage or other refuse shall be dumped, storedor accumulated on any Lot. Trash, garbage or other waste shall not be kept on qnyLot except in sanitaIy containers or garbage compactor units. Garbage contai!11rs,if any, sha1! be kept in a clean a~d sanitary .condition. The owner of each Lof' ~~~¥contract Wlt1l the proper authonzed agent ill Elmore County for t1le collec

~ ~1r9f trash, refuse and garbage. i' ,.

11 Section 4.4. Only dogs and cats may be kept as household pets abd

each household is limited to' 'a total,. of four (4) pets. Exotic animals must beapproved by the Committee and no ~iina1s may be kept for commercial purpos~s.

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nnO30Q

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, Section 4.11. No window air conditioners sha11 be pennitted unlf~. ",

specIfically approved as to locatiol1 by the Committee.

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Section 4.12. All outside radio and T. V. aIltelll1aS shall be installbd illsuch a way as to be non-visible from the main road a11d where possible it shouldbe placed on the back side of the chimney; ofuerwise, t1ley must be placed O~l t1leback side of t1le roof. All satellite dishes must be in t1le rear yard and screened

.-Ifrom view.

Section 4.13. No plumbing or heating vent shall be placed on the frontside of t1le roof. All vents protIllding from roofs shall be painted the same 9o1orof t1le roof covering. I

Section 4.14. No individual sewage disposal system, grease traps, fieldlines or extension of field lines shall be permitted on any Lot U1lless such sysltemis designed, located and constructed in accordance with the requirements, stand,rdsand recommendations of both state and local public health authorities. Approvalof such system as installed shall be obtailled from such authority. :

Section 4.15. Existing drainage shall not be altered in any manner, findspecifically shall not be altered in such a manner as to divert t1le flow of wateronto an adjacent Lot or Lots.

ARTICLE V

EASEMENTS

Section 5.1. \\ Developer reserves-foiitself. its successors and assi~s,tile right to use, dedicate ~onve~ the State of Alabama. to Ehnore Cotiityand/or to tile appropriate utility COmpaIly or otiler companies. rights of way loreasements on, over or under the ground to erect. maintain and use utilities, elecqicand telephone poles. wires. cables. cable televisjon, conduits, storm sewers. sanit,rysewers. water maiIls and other suitable equipment for the conveyance and use of

electricity. telephone equipment. gas. sewer. water or other public conveniences lorutilities on. in and over strips of land ten (10) feet in width along tile rear propeIttyline of each Lot and ten (10) feet in width along each side line of each Lot; w~tha furtller easement reserved to cut or fill a three to one s.lope along the boundanesof all public or private streets built ill ~e Subdivision. ' ! ...)1

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Section 5.2. Drainage flow shall not be obstructed or diverted fromI

drainage swales, stonn sewers and/or utility easements as designated herein, or asmay hereafter appear on any plat of record in which reference is made td theseRestrictions. The Committee may cut drainways for surface water whereYler andwhenever such action may appear to the Committee to be necessary in ottder tomaintaiIl reasonable standards of health, safety and appearance. ' These easdments

and rights expressly include t11e right to cut any trees, bushes or shrubbery ,: makeany gradings of the soil, or to take any other similar action reasonably necessalyto provide economical and safe utility installation and to maintain reasonablestandards of health and appearance. Except as provided herein, existing dr&inageshall not be altere.d in such a manner as to divert the flow of water on~o anadjacent Lot or Lots. The provisions hereof shall not be constnled to imposb anyobligation upon t11e Committee to cut such draiIlway. Cobblestone: RunHomeowners Association is responsible for maintaining all drainage ways tp theacceptance of any present or future standards required by the city engiIleer, countyengineer, or t11e Committee. 111 the event that Cobblestone Run HomeownersAssociation does not complete said maintenance required by the city eng~neerwithin t11irty (30) days of written notice to the Association, then in such evel1~ theowners of the Lots over and across which said easement or drainageway runs ~hallbe personally responsible and liable for said maiIltenailce. This provision shal~ runwith t11e land and pertain to all present and future owners of t1le Lot$ in

Cobblestone Run Subdivision over and across which said easements ilanddrainageways run. Examples of future requirements would be of ally trees ~latshould obstruct t1le drainageways, any :filling in of sedimentation of drainagew,ys,or any fonn of obstruction of drainageways. I .

Section 5.3. The grantee in a deed to any Lot subject to the coyer~geof these Restrictions shall be deemed to have received by and through t1le grant~e'sreceipt of said deed, an easement for ingress and egress over and upon theroadways as depicted on the recorded plat of Cqbblestone Run Subdivision and anyadditional phases t11ereof made subject to t1lese Restrictions as amended. 1fhebenefit of this easement for ingress and egress shall cover bot11 vehicular abdpedestrian use by t1le grantee, his heirs and assigns, family members) gues\ts)invitees and employees of proper fire departments, police departments and t1le UJS.Postal Service. .\

) ,Section 5.4. Th'e Developer has entered into an agreement with CentI1lal

Alabama Electric Cooperative to provide electric power to the imp;.9.veme~ts.-'.'.',.'r.':..':.j;-l:~~ I \..r-::-If.';.:1...'.~c ..' -.'~.~-"',;:ir(1 I

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COllst1-ucted in tile Subdivision. The agreement provides for undergroun~~butionof said el~tric power- to make the Subdivision more, attractive.

Because of tIle increased cost of Central Alabama Electric Cooperative if1 providingunderground distribution, tIle agreement provides for the payment of a penalty ifan owner uses natural or propane gas. Any penalties incurred by ally: Lot ownerbecause of ti1e use of natural or propane gas will be paid by tl1e Lot owner and will,not be an expense of tile Developer.

ARTICLE VI

..-,..~~ .

~Sl0",J~1D~

Section 6.1. .Cobblestone Run Homeowners Association, Ina. , a not forprofit corporation, will be formed under the laws of the State of Alabama~ and eachperson, partnersllip, corporation or other entity that purchases a Lot in thisSubdivision is deemed to be and is a member of such Homeowners Assod~ation andby acceptance of such deed obligates himself to all requirements, commitlnents,restrictions and obligations as set forth in the Articles of Incorporation alid Bylawsof such Homeowners Association. Each and every Lot owner and future Lotowner, by accepting a deed to a Lot or Lots in this Subdivision agrees ,to pay to

the Homeowners Association all charges and fees levied by such I-Io$eownersAssociation in accordance with t1le terms of the Articles of Incorporation and t11eBylaws. It is agreed t1lat t11e regular and special assessments, together" Wit11 t11einterest and co~t of collection, shall be charged on the land and coI!lstitute a

Icontinuing lien upon the Lot against which the assessment is made, exlcept t11at

such lien shall be subordinate to all recorded bona fide mortgages on tlie Lot orLots to finarlce the purchase thereof It is t11e sole responsibility of CobblestoneRun Homeowners Association for t1le upkeep of the common entrance ar~a. Eachassessment for semi-annual dues to pay the CO&t of such maintenance, together Wit11.such i11terest thereon and cost of collection thereof, shall be tl1e personal o~ligationof each person o~~ing such property at the time the assessment carne dule.I .. II ..,..

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ARTICLE VII

ENFORCEMENT---

Section 7.1. In ilie event of a violation or a breac~ of any o~ ilieseRestrictions, or any amendment thereto by any property owner, or family of suchowner, or agent for such owner, the owner(s) of Lot(s), the Co~ittee,Cobblestone Run Homeowners Association) Inc.) or any other party to ~hosebenefit t1lese inure, shall have t1le right to proceed at law or in equity to c<1>mpelco111pliance with t1le terms and conditions hereof, to prevent the violation or l)reachof said Restrictions, to sue for and recover damages or oilier dues, or take al], suchcourses of action at the same time) or such legal remedy it may deem appro~riate.No delay or failure on t1le part of an aggrieved party to invoke an available retnedyset fOrtll herein shall be held to be a waiver of that party or an estoppel of that

Iparty or of any other party to assert any right available to him upon the recuqence

or conti1ruation of said violation or the occurrence of a different violation. Neitherthe Committee nor any architect or agent thereof) nor the Developer sha~l be

responsible in any way for aIly delay or failure by any or all of such entities) ;,theirsllccessors and assigns) to enforce or seek to enforce any violation or breach of any

of fuese Restrictions) or amendments thereto. ," i

Section 7 .2. -Each and every Lot owner and futllre Lot owner~, i~acce tin a deed or contract for an Lot or Lots in ble tone Run Subdivisiona ees to adhere .to these Pro ec ive Covenants ovemin ti~divisiO-n. If said Lot owner(s) does not adhere to said Restrictions and l~g.alaction is taken against the party in violation of said Restrictions, then tl1e :Lotowner(s) in violation agrees to pay all attorney fees and other associated cbstsincun-ed by other parties in pursuing legal action to remedy violation of tl\ese

Restrictions. \

ARTICLE VIII

GRANTEE'S ACCEPTANCE AND INDEMNIFICATION AGREEMEN'irI

Section 8.1. The grantee of any Lot subject to the coverage of t11qseRestrictions) by acceptance of the d~ed or other instrument conveying an inter~stin or title to) or t1le execution of a contract for the purpose thereof) whether "frdm" " ," !

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Developer or n subsequent owner of such Lot, shall accept such deed or i other

contract upon and subject to each and all of t11ese Restrictions and tile agreements1 .. d I

lerem contame .I

Section 8.2. Each and every Lot owner and future Lot owner, byaccepting a deed or contract for any Lot or Lots in Cobblestone' Run Subdivision,whether from Developer or a subsequent owner of such Lot, agrees to indemnifyand reimburse Developer or Cobblestone Run Homeowners Association, Inc:., forany damage caused by such Lot owner or the contractor, agent or employe~s ofsuch Lot owner, to roads, streets, gutters, walkways or other aspects of p~blicways, including all surfacing thereon, or to water, drainage or stonn sewer li~e orsanitary sewer lines owned by D.eveloper, the city or the county, or for which 1ither

has the responsibility , at the time of such damage.1i

Section 8.3. Each and every Lot owner and the future Lot owner) byaccepting a deed or contract for any Lot or Lots in Cobblestone Run Subdivision)Iwhether from Developer or a subsequent owner of such Lot) agrees and cove~antsto release, indemnify. protect alld hold hannless Developer. its successors I and

assigns, and its agents. directors and employees. from and against any an~ all

claims and demands by such owner. any member of his or her family) theiremployees. agents. guests) invitees. licensees) contractors and. employees o~ for

damages to property or injury or death. including but not limited to Develpper'scontributory negligence) which may arise out of or be caused directly or indir~ctlyby such owner's(s) Lot or Lots and/or the use of or construction on said Lqt or

Lots by said owner. any member of his or her family. their guests) agents) invi~ees)licensees) contractors or employe.es or s~bcon.tractors of such contractors or b~:anyot11er person whomsoever. The mdemm.fication by such owner as set fOrtl1 al:¥)veshall cover any and all expenses ofDeveloper) its successors and assigns. inclu<fi11gattorney fees resulting .from any claims or demands. iI

Section 8;4. .Each and every Lot owner and future Lot ownerJ inaccepting a deed or contract for any Lot or Lots in Cobblestone Run Subdiviston,w hether from Developer or a subsequent owner of such Lot, agrees, in connectionWit1l t11e construction of any improvements on such Lot or Lots, to exercise ~uecare, and to assure tl1at any contractors of such owner, or employees of contractorsor subcontractors, will exercise due. care and will comply Witll any and allgovel11lnental rules, regulations, c6des':~~ ~rdinances relating to safety , so

13

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as to protect the safety and health of the public, and the safety and health df such

owner, his or her family, and such contractor and its employees and subcon;~ctors.

ARTICLE IX

ADJOINING PROPERTX

Section 9.1. Developer owns real property adjoining Cobbleston RunSubdivision which it intends to develop in the future. Developer may placeprotective covenants on the adjoining property which may be identical to th oneswhich are set forth herein or Developer, at its sole option, may vary tl1e prot ctivecovenants to fit what it perceives to be its marketing requirements.

ARTICLE X

ARTICLE XI

SEYERABILITY

,1

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,~.Jj.

nOn31 ~

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Section 11.2. Developer may include until December 31, 1998, 1n anycontract or deed hereinafter made or entered into, such modifications ~d/oradditions to these Restrictions which will by t11eir nature raise t11e standards of theSubdivision. I

ARTICLE XII

CAPTIONS

Section 12.1. The captions preceding the various paragraphs I andsubparagraphs of these Restrictions are for the convenience of reference only r -andnone of them shall be used as an aid to the construction of any provision ott- tileRestrictions. Wherever and whenever applicable, the singular form of any wordshall be taken to mean or apply to the plural" and the masculine form shaJl betaken to make or apply to the feminine or the neuter. I

IN WITNESS WHEREOF, Legacy Homes, L.L.C., has caused I 'thisinstrument to be properly executed on this ~ day of /)1lt7 1 ,1995. 1-- I

LEGACY HOMES, L.L.C.

By: ~ ~Its: ft1L'.II't-'8t'r

STATE OF ALABAMACOUNTY OF. MONTGOMERY

))

Jtj

I, t1le undersigned aut1lority" a Notary Public iIl and for said State j nd

County, hereby certify fuat Kenny Hayes. whose name as

Member of Legacy Homes, L.L.C., is signed to lt1leforegoing instrument, and who is known to me, acknowledged before me on thisday t1lat, being infonned of the contents'Oof the instrument, he as such officer and

l~,i; .,:~. *,

'.

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Given under my hand and official seal, this ~ day of May \ ,

1995.

'.. .; \... .:.....' , ..." .

,."'..v J.'.. ; t- ~ ..~,t . I...-"'

, ...'"' .».

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..""11.1'"111

1996December 14My Commission Expires :

Tllls instnunent was prepared by

G. Barton Crum) Esq.Parnell) Crum & Anderson) p .A

P.O. Box 2189Montgomery) AL 36102-2189(334) 832-4200

.'~;:.ii,; -

--)"i. 't;'1"'i{,1~, ,( :~ t1, ;I;IC".

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16

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'0.~

certify tilat Douglas Scott Anderson, whose name is signed to tile fore~oinginstrument, and who is known to me, acknowledged before me on this day Itllat,being infonned of the contents of tlle instrument, he executed the same volunt~riIy

on t1le day the same bears date. I

~ ..19tS

Given under my hand tllis the 21:d. day of

u . 4 "'\1111.1"",. ",. t I" .\ \l '. \\. .\'.A ...

...'\. ., ...., ~ , ...,

..., .

,-. ~.I; i(.\n~~It\"TI.}.nn\!.NOTARY PUBLIC IJ.{ ~)r(r~\f::.:1Q!'l E};lr~~~1 i!':c.:)4. 1?96.

...IION~E~.~I.JilU riqTA'EI(i P5.1r!:UI.!£En\VRrri:r.S.My COmmlSS1On ExpIres: =: ;.! .~ ; I ~ : ;'.' :

, ' , : 'f .: { ) :c.' ....-;.:. .:- .::: ...:.:.~ ~ :..

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.-.~.;.',-c;"z!1».~:.~~~yl

.~r. ...' 1 ' J. A: ; :. ; :. .) , .-II. I

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"'STATE OF ALABAMA nut 7 10 IG l!tJ 'HS

MONTGOMERYCOUNTY),..I' .I .

JoINDER "AND', PLAT

~1ol.{, (~ n n 3 /1., .~I r

I, tile undersigned, DOUGLAS SCOTT ANDERSON, by executionlhereof,

do hereby approve tile plat of Cobblestone Run, Plat No.1, as recorde~ in the

Office of the Judge of Probate of Elmore County , Alabama, in Plat Boo~ 11, at

page 96, and as owner of said property by t1lis instrument do hereby dedi~ate the

DEDICATION

I, DOUGLAS SCOTT ANDERSON, as owner, have caused thF land

embraced i1l t1le wiiliin plat to be surveyed. laid out and platted to be knqWll as

Cobblestone Run, Plat No.1, located in Section 8, Townslllp 18 N., Range 117 E.:

Elmore County, Alabama, and its streets, drives, aUeys, easements, etc., Sho~i10n

said plat are herein dedicated to tIle use of tl1e public

Dated this ~ay of --~ 1995.

/