EDEN ISLES

Reservations, Restrictions and Conditions

EDEN ISLES - Moonraker


1. ARCHITECTURAL CONTROL

No construction on any lot or lots shall be permitted without written approval of the Moonraker Island Architectural Committee.

Prior to the commencement of construction of any kind or nature, detailed plans and specifications shall be submitted to the Moonraker Island Architectural Committee requesting written approval therefore.

No grading, building or structure of any kind or character, or construction work thereon, shall be commenced, erected, placed or altered on any of said property, or portion thereof, until the plans and specifications and a plot plan showing the location of the structure or structures, and all other proposed improvements, parking areas, landscaped areas, fencing and walls have been approved by the Architectural Committee as to quality of workmanship and materials, harmony of exterior design with existing structures, and location with respect to topography and finished grade elevation as well as general overall appearance and design.


2. ARCHITECTURAL COMMITTEE

The Moonraker Island Architectural Committee shall consist of three members, and shall be for terms of one year, and until their successors are annually elected at a meeting of the owners of lots on Moonraker Island, Phase III, to be held at 7:00 PM, on the second Monday of each January, at a place within a reasonable distance of Moonraker Island after written notice thereof has been mailed by the Chairman of the Committee, postage prepaid, to the lot owners of record, designating the place of the meeting. Each lot owner shall have the right to one vote for each lot owned. In the event that the Moonraker Island Architectural Committee is void of member, a special meeting may be called by any five (5) owners of lots within Moonraker Island, Phase III, after written notice thereof has been delivered to a majority of the residents designating the time and place of the meeting. Any plans submitted to the Architectural Committee, which is not acted upon within thirty days, shall be considered approved.

The Moonraker Island Architectural Committee shall have the power to make, alter, waive, revise and promulgate such rules and regulations as it may, from time to time, deem appropriate to Restrictions and Conditions.


3. LAND USE & BUILDING TYPE

The established grade of lots shall not be raised or altered so as to adversely affect adjacent property owners. Each building will have a first floor elevation of not less than eleven feet nor more than twelve feet above mean sea level. In the event that Federal Flood control elevation shall be the required height and the maximum elevation one-foot higher.

All lots on Moonraker Island, Phase III, shall be used for residential purposes only. Only one single family dwelling, not to exceed two stories in height with garage, carport or off street parking for two cars, shall be permitted on each lot. No houses, or structures of any type whatsoever, shall be moved onto any lot.

Boat docks may be constructed, but may only extend 30 feet into the rear casement provided for the canals. Boat houses and/or boat slips may be constructed, but may only extend 20 feet into the rear casement provided for the canals. Boat houses must be constructed to conform to the design of the main structure, and must be finished on the exterior with siding, brick or other acceptable material. No metal roofs will be permitted. Boat houses and boat slips are subject to the approval of the Architectural Committee, and plans and specifications for construction of same must be submitted to the Architectural Committee for approval prior to the commencement of constructions.

No residence shall be constructed on a plot of ground smaller than 6,000 square feet. No part of any residence shall be constructed over water.

A purchaser desiring to buy more than one lot may be permitted to erect one large residential structure on two or more lots, and the remaining fractional lots shall be subject to the restrictions applying to a single lot.

No resubdivision creating any lot with a street frontage of less than seventy feet shall be permitted.


4. BUILDING SIZE AND LOCATION (MINIMUM SQUARE FOOTAGE AND SETBACK)

The main single family residential building shall contain no less than 1,600 square feet of heated areas, excluding garages, carports, patios, porches parking areas, verandas, or any other auxiliary construction incidental to the main residence.

No part of any main building shall be constructed closer than 25 feet to the front property line, nor closer than 30 feet to the rear property line, except ships or boat houses, not closer than 5 feet to either side property line.

An attached two car garage, or carport, or off street parking for two cars, may be constructed and shall be considered part of the main building for the computation of set backs, and the same minimum distance from the property lines shall apply. No carport shall be used for open storage of any articles or materials, which will be in view of other lot owners and the community in general.


5. LANDSCAPING

Within ninety days after the completion of constructions of a residence, all unused ground areas shall be planted with ground cover, plants, shrubbery’s, and trees as shown on a landscaping plan to be submitted to, and approved by, the Architectural Committee (as provided in paragraphs 1 and 2 hereof) before commencement of planting. The maturity of all proposed plants shall be shown on said landscaping plan. Said landscaping, when completed, shall thereafter be maintained and kept fee of leaves, rubbish and debris, by the owners of said property. A minimum of three trees per lot, each tree to be ten feet or more in height, shall be planted as part of said landscaping plan.


6. FENCES

No fence or wall shall be constructed or altered or allowed to remain on any lot in front of the minimum building setback line, unless approved by the Architectural Committee. Fences or walls must conform, generally, to the design and architecture of the dwelling to be enclosed, and plans showing location and details of said fences or walls must be approved by the Architectural Committee prior to erection of said fence or wall.


7. SERVICES

All additional services not already provided, such as auxiliary telephone, electric power, sewers, drains, water lines, etc., shall be placed underground from the property line to the building, except meters required to be above ground by utility companies.


8. EASEMENTS

Easements for installation of utilities and drainage facilities are reserved as shown on the official plot of Moonraker Island, Phase III. Moonraker, Inc. shall have the right to require that all servitudes and easements are kept unfenced and clear, and Moonraker, Inc. shall have access thereto for installation and maintenance of any and all utility services.

a. No boat shall be used as a residence, and no boat shall be lived in while in the wharfage area beyond a 30-day period.

b. Nothing shall be done, or kept in the wharfage area, which would be in violation of the Moonraker Island protective reservations, restrictions and conditions.

c. There shall be no construction, structural, alteration or removal of any wharf, boat slip, or other structure in the wharfage area without the prior written approval of the Architectural Committee. The Architectural Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations, or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of the wharfage area of Moonraker Island as a whole, and the appearance of any wharf, boat slip, or other structure affected thereby will be in harmony with the surrounding wharves, boat slips and other structure.

d. The Architectural Committee may issue rules or guidelines setting forth factors that it will take into consideration in reviewing submissions.

e. Each owner shall at all times keep the wharf, boat slip, boat house, and all other structures within the wharfage area, in a good state of repair and properly maintained

f. Boat slip, boat house, float, wharf, or other structural construction within the wharfage areas, including all deck surfaces, flotation materials, framing, hardware, gangways, lumber, electrical and plumbing installations, pilings, lockers and flagpoles must be of first quality and of first class appearance.


20. MOONRAKER LAKE

Moonraker Lake is for the exclusive use of Moonraker Island residents and their guests. In order for the residents and guests to enjoy the lake, and in order to protect the right of everyone concerned, the following rules shall apply:

a. Swimming and boating shall be at each individual’s own risk. No lifeguard or life saving equipment shall be provided by the developer.

b. Boats shall be wind driven, paddle driven or oar driven. No powerboats of any type shall be permitted in the lake.

c. Users of the lake shall, at all times, take into consideration the rights of others and shall do nothing to jeopardize the peaceful use of the lake by all residents and their guests.

d. No trash, debris or fill dirt of any type shall be dumped into the lake unless fill plans are approved in advance by the Moonraker Island Architectural Committee and will not prevent the peaceful use of the lake by all residents of Moonraker Island.

e. When not in use boats shall be properly moored, and shall not be permitted to drift unattended.

f. No structure except boat docks, wharves, and gazebos may be constructed in Moonraker Lake.

The developer and/or the Moonraker Island Architectural Committee assumes no responsibility for the life and safety of anyone using the lake either properly or improperly, and by acceptance of these Reservations, Restrictions and Conditions each property owner accepts this disclaimer for himself and his guests.

The Moonraker Island Architectural Committee shall have the power to make, alter, waive and revise these rules as it may, from time to time, deem appropriate.


21. ACT OF AMENDMENT

ACT OF AMENDMENT TO RESERVATIONS, RESTRICTIONS AND CONDITIONS FOR MOONRAKER ISLAND PHASE 3

(To be noted in the margin of the Clerk of Court record at COB1012, folio 98 and COB1014, Folio 9)

We, the undersigned owners of greater than fifty percent (50%) of the lots in Moonraker Island, Phase III, Parish of St. Tammany, State of Louisiana (hereinafter referred to as Phase 3) do hereby agree as follows:

In exercise of the right accorded in Paragraph 15 of the Reservations, Restrictions and Conditions applicable to each lot in Phase III, which Reservations, Restrictions and Conditions were filed in the conveyance records of the Parish of St. Tammany, State of Louisiana, on April 29, 1981, and recorded in COB 1012, folio 98, and as amended: May 14, 1981, recorded at COB 1014, folio 9, we agree to the following amendments to the Reservations, Restrictions and Conditions enunciated in the previously recorded covenants:

1. The first paragraph of Section 2 (Architectural Committee), which reads before amendment:

The Moonraker Island Architectural Committee shall consist of the members appointed by the dedicatory of said Phase III, its successors or assigns, and shall be for terms of one year, and until their successors are annually elected at a meeting of the owners of lots on Moonraker Island to be held at 11:00 AM, on the second Monday of each January, at a place within a reasonable distance of Moonraker Island after written notice thereof has been mailed by the Chairman of the Committee, postage prepaid, to the lot owners of record, designating the place of the meeting. As a matter of necessity, the original members of the Architectural Committee will be appointed by the dedicator; however, within three years from the date of the first sale, or when thirty percent of the lots are sold, whichever comes first, the lot owners shall elect the members of the Architectural Committee, such lot owners to have the right to one vote for each lot owned. Any plans submitted to the Architectural Committee which are not acted upon within thirty days shall be considered approved.

Is amended to read as follows:

The Moonraker Island Architectural Committee shall consist of three members, and shall be for terms of one year, and until their successors are annually elected at a meeting of the owners of lots on Moonraker Island, Phase III, to be held at &:00 PM on the second Monday of each January, at a place within a reasonable distance of Moonraker Island after written notice thereof has been mailed by the Chairman of the Committee, postage prepaid, to the lot Owners of record, designating the place of the meeting. Each lot owner shall have the right to one vote for each lot owned. In the event that the Moonraker Island Architectural Committee is void of members, a special meeting may be called by any five (5) owners of lots within Moonraker Island, Phase III, after written notice thereof has been delivered to a majority of the residents designating the time and place of the meeting. Any plans submitted to the Architectural Committee which are not acted upon within thirty days shall be considered approved.

2. The first paragraph of Section3 (Land Use and Building Type), which reads before amendment:

The established grade of lots shall not be raised or altered so as to adversely affect adjacent property owners. Each building will have a first floor elevation of not less than eleven feet above mean sea level, except that a carport, garage or recreation room may be built under the residential structure, so long as the supports and area under the residence are screened by a masonry wall or other material acceptable to the Architectural Committee

Is amended to read as follows:

The established grade of Lots shall not be raised or altered so as to adversely affect adjacent property owners. Each building will have a first floor elevation of not less than eleven feet nor more than 12 feet above mean sea level. In the event that Federal flood control regulations raise the elevation above eleven feet, the minimum first floor elevation shall be the required height and the maximum elevation one foot higher.

The second paragraph of Section 3 (Land use and Building Type), which reads before the amendment:

All lots on Moonraker Island, Phase III, shall be used for residential purposes only, except those lots retained by Moonraker, Inc., for the purpose of development of and sales of said lots. Only one single family dwelling, not to exceed two stories in height with garage, carport or off street parking for two cars, shall be permitted on each lot. No houses, or structures of any type whatsoever, shall be moved onto any lot.

Is amended to read as follows:

All lots on Moonraker Island, Phase III, shall be used for residential purposes only. Only one single family dwelling not to exceed tow stories in height with garage, carport or off street parking for two cars, shall be permitted on each lot. No houses or structures of any type whatsoever shall be moved onto any lot.

The fourth paragraph of Section 3 (Land Use and Building Type), which reads before amendment:

No residence shall be constructed on a lot smaller than that shown on the Moonraker Island official plot.

Is amended to read as follows:

No residence shall be constructed on a plot of ground smaller than 6,000 square feet. No part of any residence shall be constructed over water.

3. Subsection d. of Section 19 (Moonraker Lake), which reads before amendment:

No trash or debris of any type shall be dumped into the lake.

Is amended to read as follows:

No trash, debris or fill dirt of any type shall be dumped into the lake unless fill plans are approved in advance by the Moonraker Island Architectural Committee and will not prevent the peaceful use of the lake by all residents of Moonraker Island.

Subsection f. of Section 19 (Moonraker Lake), is added to read as follows:

a. No structure except boat docks, wharves, and gazebos may be constructed in Moonraker Lake.

This Act of Amendment shall take effect and operate with full force when executed by the owners of greater than fifty percent (50%) of the lots in Phase 3 and recorded in the conveyance records of the Parish of St. Tammany, State of Louisiana.

At such time as this Act of Amendment takes effect, the parties acknowledge that the Phase 3 Reservations, Restrictions and Conditions, as amended herein and enumerated above, whereas as set forth in the Exhibit attached hereto.

In WITNESS WHEREOF, the parties have executed this agreement.