AMENDED ACT OF RESTRICTIONS FOR
BAYOU TERRACE ESTATES SUBDIVISION, FIRST FILING,
BAYOU TERRACE SUBDIVISION, SECOND FILING,
CARTER=S POINT SUBDIVISION,
CANAL LAND SUBDIVISION, FIRST FILING, AND
CANAL LAND SUBDIVISION, SECOND FILING
BE IT KNOWN, that on the date noted below, and in the presence of the undersigned competent witnesses, personally came and appeared those people whose signatures appear hereinafter, owners of a Lot in either Bayou Terrace Subdivision, Bayou Terrace Subdivision, Second Filing, Carter=s Point Subdivision, Canal Land Subdivision, First Filing, Canal Land Subdivision, Second Filing, or other lots which are located in the vicinity of those subdivisions and whose lots are subject to the Bayou Terrace Subdivision Restrictions located in Ascension and Livingston Parishes, State of Louisiana (hereinafter AAppearers@), who state:
By act entitled ABayou Terrace Estates Subdivision Restrictions@ recorded at File No. 285546 of the official records of Ascension Parish, building restrictions were created affecting Lots 1 through 47 of Bayou Terrace Estates Subdivision, as those lots are shown on a map entitled AFinal Plat of Bayou Terrace Estate@ prepared by Louis L. Higginbotham dated July 1, 1991, and recorded at File No. 312515 of the official records of Ascension Parish. These building restrictions were subsequently amended by acts recorded at File Nos. 382999, 397387 and 511866, of the official records of Ascension Parish, Louisiana;
Further, by act entitled ABayou Terrace Estates Subdivision Restrictions@ recorded at File No. 288973 of the official records of Ascension Parish and File No. 296558 of the official records of Livingston Parish, building restrictions were created affecting Lots 144 through 204 of Bayou Terrace Estate, 2nd Filing, as those lots are shown on a map entitled AFinal Plat of Bayou Terrace Estate, 2nd Filing @ prepared by Louis L. Higginbotham dated February 22, 1991, and recorded at File No. 28834 of the official records of Ascension Parish and File No. 296502 of the official records of Livingston Parish. These building restrictions were subsequently amended by acts recorded at File Nos. 289341, 397386 and 511866 of the official records of Ascension Parish and at File Nos. 298018 and 387583 of the official records of Livingston Parish, Louisiana;
Further, by act entitled AAct of Restrictions of Carter=s Point Subdivision@ dated June 24, 1993, building restrictions were created affecting Lots 1 through 29 as shown on the Final Plat of Carter=s Point Subdivision prepared by Louis L. Higginbotham, P.L.S. dated July 23, 1992, recorded at COB 509, Folio 34, File No. 319992 of the official records of Ascension Parish. These building restrictions were amended by act entitled AAmendment to Carter=s Point Subdivision Restrictions@ dated April 5, 2002 and recorded at File No. 511865 of the official records of Ascension Parish;
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Further, by Act entitled ACanal Bank Subdivision, First and Second Filing Subdivision Restrictions@ dated July 17, 1996, recorded at File No. 375937 of the official records of Ascension Parish, building restrictions were created affecting Lots 1 through 33 and 1-A through 32-A of Canal Land Subdivision, First Filing, and Lots 34 through 56 and 34-A through 56-A of Canal Bank, Second Filing Subdivision, as Lots 1 through 33 and 1-A through 32-A are shown on a map entitled AA Final Plat of Canal Bank Subdivision First Filing@ prepared by Louis L. Higginbotham dated February 9, 1996, and recorded at File No. 375935 of the official records of Ascension Parish and as Lots 34 through 56 and 34-A through 56-A as shown on a map entitled AA Final Plat of Canal Bank Subdivision Second Filing@ prepared by Louis L. Hibbinbotham dated February 10, 1996 and recorded at File No. 375936 of the official records of Ascension Parish. These building restrictions were amended by act recorded at File No. 511867 of the official records of Ascension Parish;
Further, that Lots 171A, 172A-1, 174A-1 and 175A through 201A as those lots are more particularly described on that certain plat entitled AFinal Plat of a Simple Division of Land of Lot 205 Bayou Terrace Estates, Second Filing into Lots 171A, 172A-1, 174A-1 & 175A through 201A, Located in Section 15, T9S-R4E, Ascension Parish, Louisiana, for BT2, L.L.C.,@ by G. L. Lessard, Sr. Dated July 30, 1999 and recorded at File No. 455910 of the official records of Ascension Parish, were subjected to the subdivision restrictions affecting Bayou Terrace Estates by notation on the plat creating those lots.
Further, that lots 1A, 1B and 2-A through 46-A, as those lots are more particularly described on a map entitled AFinal Plat of a Simple Subdivision of Land of Lot 47 Bayou Terrace Estates into Lots 1A, 1B & 2A through 46A,@ prepared by G. L. Lessard, Sr., dated February 15, 1999 and recorded at File No. 431752 of the official records of Ascension Parish, were subjected to the subdivision restrictions affecting Bayou Terrace Estates by notation on the plat creating those lots.
Further, that Appearers represent a majority of the Lot Owners of each subdivision of property (Bayou Terrace Estates Subdivision, Bayou Terrace Estates Subdivision, Second Filing, Carter=s Point Subdivision, Canal Land Subdivision, First Filing, Canal Land Subdivision, Second Filing, and those lots created on that map entitled AFinal Plat of a Simple Division of Land of Lot 205 Bayou Terrace Estates, Second Filing into Lots 171A, 172A-1, 174A-1 & 175A through 201A, Located in Section 15, T9S-R4E, Ascension Parish, Louisiana, for BT2, L.L.C. and those lots created on that map entitled AFinal Plat of a Simple Subdivision of Land of Lot 47 Bayou Terrace Estates into Lots 1A, 1B & 2A through 46A,@ prepared by G. L. Lessard, Sr., dated February 15, 1999 and recorded at File No. 431752 of the official records of Ascension Parish@).
Further, that in accordance with the above-cited building restrictions (as they were amended) Appearers, as the owners of a majority of the lots in each subdivision, are entitled to amend such building restrictions by a majority of the then owners of the lots in the respective subdivisions.
Therefore, Appearers hereby amend and restate, in their entirety the above-cited building restrictions (as they have been amended) so that henceforth all lots stated above will be subjected to only the following building restrictions.
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1. PURPOSE
The purpose hereof is the creation and maintenance of a residential community having a uniform plan of development and the preservation of property values and amenities in the community. The real property described herein is hereby subjected to the covenants, restrictions, conditions, reservations, liens and charges set out to insure the best use and most appropriate development and improvement of each building site thereof; to protect the Owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of the property; to guard against the erection thereon of poorly designed or proportioned structures, and structures built of improper or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of the property; to encourage and secure the erection of attractive homes thereon, with appropriate locations thereof on building sites; to secure and maintain property setbacks from abutting properties; and, in general, to provide adequately for quality improvements of the property and thereby enhance the values of investments made by purchasers of building sites therein.
2. THE PROPERTY
2.1 The real property affected by these building restrictions referred to herein and described as follows is subject to the covenants, conditions and restrictions set out herein:
A. THIRTY (30) certain lots or parcels of ground, together with all buildings and improvements thereon, and with all of the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise appertaining, known as LOTS 171A, 172A-1, 174A-1 AND 175A THROUGH 201A and being more particularly described on that certain plat entitled AFinal Plat of a Simple Division of Land of Lot 205 Bayou Terrace Estates, Second Filing into Lots 171A, 172A-1, 174A-1 & 175A through 201A, Located in Section 15, T9S-R4E, Ascension Parish, Louisiana, for BT2, L.L.C.@ made by G. L. Lessard, Sr., Professional Land Surveyor dated July 30, 1999, a copy of which is recorded at COB 632, Entry Number 455910 in the office of the Clerk and Recorder for the Parish of Ascension, Louisiana, said lots having such measurements and dimensions as indicated on said map and being subject to such servitudes and restrictions as are of record in the office of the Clerk and Recorder for the Parish of Ascension, Louisiana.
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B. SIXTY THREE (63) certain lots or parcels of ground, together with all of the buildings and improvements located thereon, situated in that subdivision known as BAYOU TERRACE ESTATES, 2ND FILING, LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 9 SOUTH, RANGE 4 EAST, SOUTHEAST LAND DISTRICT, Ascension and Livingston Parishes, Louisiana, and being designated on the official subdivision map prepared by Louis L. Higginbotham, PLS, dated February 22, 1991, entitled AA Final Plat of Bayou Terrace Estates, 2nd Filing, Being the Resubdivision of Tract C= into Lots 143-169 and Tract D= into 170-205, Located in Sections 14 and 15, T9S, R4E, Southeast Land District, East of the Mississippi River, Ascension and Livingston Parishes for Achord Realty Co.,@ a copy of which is on file and of record in the office of the Clerk for the Ascension Parish, Louisiana at File No. 312514, and in Livingston Parish, Louisiana at File No. 296502, and designated as LOTS 144-204 said subdivision, said Lot having such measurements and dimensions and being subject to such servitudes as are more particularly shown on the official subdivision map referred to hereinabove.
C. TWENTY-THREE (23) certain lots or parcels of ground, together with all of the buildings and improvements located thereon, situated in that subdivision known as BAYOU TERRACE ESTATES, 2ND FILING, LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 9 SOUTH, RANGE 4 EAST, SOUTHEAST LAND DISTRICT, Ascension and Livingston Parishes, Louisiana, and being designated on the official subdivision map prepared by Louis L. Higginbotham, PLS, dated February 22, 1991, entitled AA Final Plat of Bayou Terrace Estates, 2nd Filing, Being the Resubdivision of Tract C= into Lots 143-169 and Tract D= into 170-205, Located in Sections 14 and 15, T9S, R4E, Southeast Land District, East of the Mississippi River, Ascension and Livingston Parishes for Achord Realty Co.,@ a copy of which is on file and of record in the office of the Clerk for the Ascension Parish, Louisiana at File No. ______, and in Livingston Parish, Louisiana at File No. ______, and designated as LOTS 122-143 said subdivision, said Lot having such measurements and dimensions and being subject to such servitudes as are more particularly shown on the official subdivision map referred to hereinabove.
D. FORTY-SIX (46) certain lots or parcels of ground together with all of the buildings and improvements located thereon, with all of the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise appertaining, and being designated as LOTS 1 THROUGH 46, as shown on that map or plat entitled AA Final Plat of Bayou Terrace Estates, Being a Subdivision of a Portion of Tracts AA@ and AB@ (containing 34.49 acres), a Portion of a 6.11 Acre Tract of Land, and a 0.63 Acre Tract of Land into Lots 1-47, and Tract X Located in Sections 9 and 16, T9S, R4E Southeast Land District, East of the Mississippi River, Ascension Parish, Louisiana, for Lee Pennington,@ which map is on file and of record at File No. 312515 of the official records of Ascension Parish, Louisiana.
E. TWENTY-NINE (29) certain lots or parcels of ground together with all of the buildings and improvements located thereon, with all of the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise appertaining, and being designated as LOTS 1 THROUGH 29, as shown on that map or plat entitled AA Final Plat of Carter=s Point Subdivision located in Section 9, T9S-R4E, Southeast Land District, East of the Miss. River, Ascension Parish, Louisiana, for Diversion Timberlands, Inc.,@ which map is on file and of record at File No. 318292 of the official records of Ascension Parish.
F. SIXTY-SIX (66) certain lots or parcels of ground together with all of the buildings and improvements located thereon, with all of the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise appertaining, and being designated as LOTS 1A THROUGH 32A, LOTS 1 THROUGH 33, AND TRACT “X” on that map or plat entitled AA Final Plat of Canal Bank Subdivision, First Filing,@ which map is recorded at File No. 375935 of the official records of Ascension Parish, Louisiana.
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G. FORTY-SIX (46) certain lots or parcels of ground together with all of the buildings and improvements located thereon, with all of the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise appertaining, and being designated as LOTS 34A through 56A and 34 through 56, on that map or plat entitled AA Final Plat of Canal Bank Subdivision, Second Filing,@ which map is recorded at File No. 375936 of the official records of Ascension Parish, Louisiana.
H. FORTY-SEVEN (47) certain lots or parcels of ground together with all of the buildings and improvements located thereon, with all of the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise appertaining, and being designated as Lots 1A, 1B and 2A through 46A on that map or plat entitled AFinal Plat of a Simple Subdivision of Land of Lot 47 Bayou Terrace Estates into Lots 1A, 1B & 2A through 46A,@ prepared by G. L. Lessard, Sr., dated February 15, 1999 and recorded at File No. 431752 of the official records of Ascension Parish.
2.2 The property and all other portions thereof shall be conveyed, transferred and sold by any record Owner thereof subject to the conditions, covenants, restrictions, reservations, servitudes, liens and charges hereinafter set out, all of which are imposed upon the property, and all of which shall run with the land.
3. IMPROVEMENT RESTRICTIONS