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.