Pells Gap Estates Subdivision to DeKalb County, Alabama, according to a plat of the same recorded in the Office of the Probate Judge, DeKalb County, Alabama, in Plat Book 7, Page 219 (Slide 201 ) reference to which is hereby made for a more particular description of the subject lands.
WHEREAS, the owners are desirous of establishing or placing the heretofore described subdivision under certain restrictive covenants to insure the use of the property for attractive residential purposes only, to prevent nuisances, to prevent the impairment of the attractiveness of the property, to maintain the high quality and tone of the community and thereby secure to each site owner the free and full benefit and enjoyment of his home with no greater restriction upon the free and undisturbed use of this site than is necessary to insure the same advantages to other home owners. The above described real estate is the first phase of the subdivision with intention to add lots from the adjoining property owned by Lowell Tilley and wife, Joan Tilley. The developers may at their discretion, include the added lots to these restrictive covenants or similar restrictive covenants to prevent nuisances, to prevent the impairment of the attractiveness and maintain the high quality community of all the site owners for the total subdivision.
NOW THEREFORE, the undersigned owners do thereby adopt the following conditions, restrictions, covenants and limitations which shall apply in their entirety to all lots in this subdivision phase and shall hereafter be included as a part of the consideration in transferring and conveying the title to the lots of said subdivision or future phases that are referenced to these restrictions.
I. PERMITTED AND PROHIBITED USES
1. LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling, not to exceed two and one-half stories in height, a detached private garage or storage building, and recreational facilities. No mobile homes, house trailers, double-wide trailers, or modular constructed home be permitted on any lot.
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