Restrictions

BUILDING RESTRICTIONS FOR LAKES OAKS SUBDIVISION

A-SINGLE FAMILY DWELLING SITES

These restrictions apply to Squares No 3, 4, 5, 6, 7, 8, 9, 10, 11, 5087, 5088, 5089 and 5090 in "Lake Oaks Subdivision”, which is in Zone Four of the Lakefront Development of The Board of Levee Commissioners of the Orleans Levee Districts in the City of New Orleans, Louisiana. Said subdivision is bounded by Lake Pontchartrain on the north, property of American Radiator & Standard Sanitary Corp. and St. Roch Avenue on the east, various properties on the south and Elysian Fields Avenue on the west.

SECTION I

DEFINITIONS

MAP

Where reference is made to the Map of "Lake Oaks", it refers to the Map entitled, "Lake Oaks on Lake Pontchartrain, New Orleans Louisiana, Board of Levee Commissioners of the Orleans Levee. District, dated December 1, 1960, File No. L.D. 3106, signed by A. L. Willoz, C.E., Registration No. 73.

ORLEANS LEVEE BOARD

Where the name "Orleans Levee Board” appears it shall mean "The Board of Levee Commissioners of' the Orleans Levee District."

MAIN BUILDING

The building that will be inhabited, containing rooms such as Living Room, Kitchen, Dining Room, Parlor, Bedroom, Library, etc.

ACCESSORY BUILDING

A subordinate building, attached to or detached from the main building, the use of which is incidental to that of the main building and not used as a place of habitation, such as a Living Room, Kitchen, Dining Room, Parlor, Bedroom Library, Bathroom, etc.

HEIGHT OF BUILDING

The height of a building is the perpendicular distance measured in a straight line from the top of the highest point of the roof beams in the case of flat roofs, and from the average height of the gable in case of a roof having a pitch of more than twenty degrees with a horizontal plane, downward to the established grade in the center of the front of the building.

SECTION II

APPROVAL OF BUILDING PLANS

Prior to beginning the construction of a residence, garage, swimming pool, fence, or other structure, the owner shall submit reproduced copies of detailed plans and specifications of the propose building or structure to the Orleans Levee Board. With plans the owner shall have to furnish an affidavit, certifying that the value of the house shall be equal or above the minimum in Section XVI. No work shall be done on the building until such written approval is received and building permit obtained from the City of New Orleans.

The approval of all structures by the Orleans Levee Board will be based on the requirements of these restrictions and on appearance.

Owners are cautioned that all structures erected on any parcel of ground in Lake Oaks must comply with Zoning Ordinances of the City of New Orleans. There may be cases where the City Ordinances are more restrictive than these title restrictions, in which case the former will govern.

SECTION III

GENERAL

All lots in Squares No. 3, 4, 5, 6, 7, 8, 9, 10, 11, 5087, 5088, 5089 and 5090 of Lake Oaks Subdivision shall be devoted to single family dwellings. On those lots all the usual uses normally allowed to private homes such as by professional men who operate Dentists and Doctors Offices, Nurseries, Clinics, etc., will not be permitted.

SECTION IV

FRONTAGE

No residence shall be built on less than one lot as shown on Map of Lake Oaks. When any purchaser wishes to buy more than one site in order to erect a larger permitted residential building, this may be done provided that said lots or fractional lots shall aggregate a width of at least as wide as adjacent lots and shall be treated as one lot. The restrictions applying to a single lot should apply to such larger site. No resubdivision of lots shall be done which would leave remaining on the square a lot of an area or width below the average standard for said square, as indicated on the Map of “Lake Oaks”. No lot shall be shifted as to frontage. No lot shall be renumbered or lose its identity even when subdivided. No lot shall be resubdivided for private sale or otherwise unless first approved by the Orleans Levee Board.

HEIGHT

Residences shall not exceed thirty-five (35) feet in height.

SECTION V

MINIMUM FRONT SIDE AND REAR YARDS

(a) No part of any building of a residence shall be built closer than twenty (20) feet minimum distance from the front property line of the lot, nor closer to either side property line of the lot than six (6) feet minimum distance, however, the combined width of both side yards shall be a minimum of twenty-five per cent (25%) of the width of the lot but need not exceed twenty-one (2l) feet Corner Lot 21, Square 4, Lots 1 and 20, Square 5 and Lot 19, Square 5087 shall have twenty (20) feet set backs or front and side streets. All other corner lots shell have twenty (20) feet set back on front street and twelve and five-tenths feet (12.5) on side street. No detached garage shall be constructed closer than sixty (60) feet from the front property line and when outside the required rear yard area shall not project into the side yards.

An attached or detached carport may be constructed in the side yard area, provided its columns or wall are not closer than six (6) feet from the side property line, however, the roof may project two feet into six (6) feet area. An attached or detached carport shall be considered a building for storing automobiles and having no more than one side enclosed. The other three sides must be completely open. Storage areas utility rooms, tool rooms, etc., in such carports will not be permitted within the side yard area. Cooling towers and condensers must be erected in the rear of the main building and not project into side yard areas. No cooling towers or condensers shall be erected on roof of any building. When an accessory building is outside the required rear yard area it shall not project into the side yards. Clothes lines shall be in the rear of main building and shall not project beyond the side building lines.

(b) Bay or bow oriel, dormer and other projecting windows, stairways, landings or other structural parts shall not project beyond the front and side building lines.

(c) Cornices, roof overhangs, gutters, spouting, chimneys, brackets, pilasters, grill work, trellises, and other similar projections for purely ornamental purposes may project beyond the front and side building line, however, not exceeding two (2) feet.

(d) Unenclosed, uncovered or covered porches, balconies and steps, shall not project beyond the front or side building lines.

(e) The rear yard measured from the farthest back projection of the principal building to the rear property line shall be not less than twenty per cent (20%) of the depth of the lot, except that in deep lots said yard need not exceed at any point, a maximum of twenty-five (25) feet and on shallow lots no rear yard shall be less, at any one point than a minimum of fifteen (15) feet.

(f') The front of a corner lot shall be its narrower dimensions.

SECTION VI

VEHICLES

No trucks, trailers, automobiles or other commercial vehicles bearing advertisements are to be stored or parked on residential property or on streets, except when making deliveries. Passenger vehicles, owned by a resident, shall be stored on the resident’s ground and not on the street.

SECTION VII

GARBAGE RECEPTACLES

Each residence of Lake Oaks Subdivision shall be required to install a garbage receptacle between the front sidewalk and curbing, by the owner of said residence. This receptacle shall be of sufficient capacity to take care of the garbage cans used by said residence and shall be of an approved design. The receptacle shall be installed underground and shall have a neat cover flush with the sidewalk surface. Details of garbage receptacle shall be made part of the plans and specifications of the residence to be submitted to The Board of Levee Commissioners of the Orleans Levee District for approval No garbage cans are to be exposed on the street or sidewalk in front of a residence.

SECTION VIII

SERVICES

All services, such as gas, telephone, electric power, sewers, drains and water pipes shall be placed underground from the property line to the building.

Relative to electric service, the owner shall lay, or have laid, a cable underground from his meter to a New 0rleans Public Service Inc’s., transformer vault in the rear of the lot.

Relative to telephone service, the owner shall provide, at his own risk and expense, an open trench not less than fifteen (15) inches in depth from his house to a telephone terminal box in the rear of his property. Location of this trench is to be designated by the telephone company. The Southern Bell Telephone and Telegraph Company will then lay the necessary cable in this trench and the owner, after the cable is laid, will then backfill this trench at his own expense.

SECTION IX

TRANSFORMER VAULTS AND EASEMENTS

To serve the sites in the Lake Oaks Subdivision with an electric underground system, transformer vaults will be erected in the rear of lots adjoining an easement owned by the Orleans Levee Board within which the primary cables serving the transformers will be located. These vaults will be constructed of brick or concrete and will be located as indicated on Map of Lake Oaks Subdivision, File No. L.D. 3l06.

Public easements to permit walking through from street to street are provided in Squares 7, 8, 9,10 and 11, and also between Squares 5 and 6, These easements are indicated on Map of Lake Oaks Subdivision File No. L.D. 3106.

On the lots listed below there are indicated on the plan of Lake Oaks four (4) foot easements, which are reserved for underground electric conduits and cables to be installed and maintained by the New Orleans Public Service Inc., as part of the Electrical Distribution Systems serving the residences of Lake Oaks Subdivision. The conduits will be encased in-concrete and will be at least three (3.) feet below ground surface which will permit landscape plantings and erection of permissible structures under Section V.

Square 3 Lot 2

Square 4 Lot 5

Square 4 Lot 24

Although the probability is remote repairs to the conduits may become necessary, and in such event, the New Orleans Public Service Inc., has the right to enter these easements to make the necessary repairs.When such repairs have been completed, the New Orleans Public Service Inc., will be responsible to restore the surfaces of the easements to their original condition upon completion of said work.

SECTION X

SWIMMING POOLS

Swimming pools, if and when erected are to be of approved substantial and neat construction, and will only be permitted provided they are entirely surrounded by a fence not less-than thirty-six (36) inches in height and shall conform to all fence requirements recited in Section XII. The vertical inside faces of a pool shall be built no closer than six (6) feet to either side property line nor closer than thirty (30) feet to the front property line, not closer than six (6) feet to the rear property line. The finished top-side or surface deck shall not be constructed higher in elevation than one foot above the established site grade of the residence. Equipment such as diving boards, etc., shall not be higher than (5) feet above site grade of the residence. The pool shall be so designed as to prevent splashings from the pool from draining into adjacent properties.

SECTION XI

PARKS

Lake Oaks Park is a public park, owned by the Orleans Levee Board, and is for use of the General Public of the City of New Orleans. This park will be maintained by the Orleans Levee Board.

Interior Parks are reserved for the common use of the property owners of Lake Oaks and nothing shall be placed thereon, or no use shall be made thereof to the detriment, inconvenience or annoyance of the resident of any part or portion of ground adjacent thereto. These parks are owned and are to be maintained by the Orleans Levee Board.

SECTION. XII

FENCES

Fences will be permitted as noted below:

Front yard fences, if and when erected, shall not exceed eighteen (16) inches in height and shall be of neat and substantial construction.

Side fences, when erected between the front building line and front property line, shall not exceed eighteen (18) inches in height.

Side and rear yard fences, if and when erected between front building line and rear property line, shall not exceed five (5) feet in height and must be of neat and substantial construction.

On Corner lots, fences shall not be erected closer than the required setback from any street or part property line.

Plans showing location and details of fences must be submitted for approval to the Orleans Levee Board before they are erected.

SECTION XIII

GRADE OF SITE

The established grade of lots is not to be raised by any individual owner so as to adversely affect an adjacent property owner or owners in the same square.

SECTION XIV

PLANTING

Hedges and shrubbery may be grown along property line, but shall be restricted to a height of two (2) feet along the front yard property line, and shall be restricted to a height of seven (7) feet on side and rear property lines.

Trees planted in the required side yards of one lot may not project into the required side yard of adjacent owners, except upon agreement between the affected owners that said projection is not objectionable.

Al1 trees, shrubbery, flowers, lawns or other vegetation on private residential lots shall be kept in good order by the owners and/or tenants.

SECTION XV

GRASS CUTTING ON VACANT SITES

For the purpose of keeping the Subdivision in an orderly condition the Orleans Levee Board reserves the right and assumes the responsibility, to cut the grass on vacant building sites for the period of time commencing after the improvements are completed to December 31, 1962. In cutting the grass on vacant property the Orleans Levee Board is to be held harmless for any damage by the owners of such vacant property. Upon termination of this period it will be the responsibility of the owners of each lot to maintain the grass in a presentable condition.

SECTION XVI

MINIMUM COST OF RESIDENCES

The total construction cost of any residence shall be at least equal to or in excess of one and one-half (1-1/2) times the market value of the lot, on which constructed, at the time construction begins.

B-RELIGIOUS STUDENT CENTER SITES

These restrictions apply only to Squares No.1 and 2 in Lake Oaks Subdivision, in accordance with the act passed before Herbert W. Christenberry, Jr., Notary Public dated May 17, 1961, which act was registered on July 13, 1961, in Book 639, folio 401, of the records of the Registrar of Conveyances for the Parish of Orleans.

SECTION I

DEFINITIONS

MAP

Where reference is made to the Map, it refers to the Map entitled “Squares No. 1 and 2 of Lake Oaks, New Orleans, La., Board of Levee Commissioners of the Orleans Levee District dated July 25, 1960, File No. L.D. 3107-1, signed by A. L. Willoz, C.E., Registration No.73.

ORLEANS LEVEE BOARD

Where the name “Orleans Levee Board” appears it shall mean “The Board of Levee Commissioners of the Orleans Levee District”.

MAIN BUILDING

The main building is that which will be habituated, containing such rooms as living room, kitchen, dining room, parlor, bathrooms library, etc. The main entrance to this building shall face Lakeshore Drive.

ACCESSORY BUILDING

An accessory building shall be a subordinate building, the use of which is incidental to that of the main building, and shall not be used as a place of habitation or a living room, kitchen, dining room parlor, bathroom, library, etc. The subordinate building shall conform in architecture to the main building and shall be attached to the main building. No unattached building will be permitted.

HEIGHT OF BUILDING

The height of a building is the perpendicular distance measured in a straight line from top of the highest point of the roof beams in the case of flat roots, and from the average height of the gable in case of a roof having a pitch of more than twenty degrees with a horizontal plane, downward to the established grade in the center of the front of the building.

SECTION II

APPROVAL OF BUILDING PLANS

Prior to beginning the construction of the main building, garage, fence, or other structure, the owner shall submit detailed plans and specifications of the proposed building structure to the Orleans Levee Board for written approval and no work shall be permitted on the buildings until such written approval is received and building permit obtained from the City of New Orleans.

The approval of all structures by the Orleans Levee Board will be based on the requirements of these restrictions and appearance.

Owners are cautioned that all structures erected on any parcel of ground in Squares No. 1 and 2 of Lake Oaks must comply with Zoning Ordinances of the City of New Orleans. There may be cases where the City Ordinances are more restrictive than these Title Restrictions in which case the former will govern.

SECTION III

GENERAL

Lots in square No. 1 and 2 are to be used for Religious Student Centers to serve the students attending Louisiana State University in New Orleans. These lots are not to be used for dormitories, or parish churches, however, chapels, for only student use, will be permitted. The uses of these lots shall be limited to religious and recreational purposes.

SECTION IV

FRONTAGE

No religious student centers shall be built on less than one lot, as shown on Map entitled “Squares No. 1 and 2 of Lake Oaks, New Orleans, Louisiana, Board of Levee Commissioners of the Orleans Levee District”, dated JULY 25, 1960, File No. L.D. 3107-1, signed by A. L. Willoz, C.E. Registration No. 73, except, however, that when any purchaser wishes to buy more than one site in order to erect a larger permitted building, this may be done provided that said lots or fractional lots are treated as one and the restrictions applying to single lot are adhered to and no resubdivision of lots shall be done which would leave remaining on the square a lot of an area or width below the average, standard for said square, as indicated on the Map. No lot shall be renumbered of lose its identity even when subdivided. No resubdivision of lots shall be dome without first obtaining approval by the Orleans Levee Board.

HIGHT

No building shall not exceed thirty-five (35) feet in height.

SECTION V

MINIMUM FRONT, SIDE AND REAR YARDS

• No part of a principal or accessory building shall be built closer that twenty (2) feet distance from the front property line of the lot, nor closer to either side property line of the lot than ten (10) feet minimum distance. Cooling towers and condensers must be erected in the rear of the yard and not project into side yard areas. No accessory buildings detached form main building will be permitted. Clothes lines are prohibited on any part of a site.
• Bay or bow oriel, dormer and other projecting windows, stairways, landings or other structural parts shall not project beyond the front and side building lines of the lot.
  (c) Cornices, spouting, chimneys, brackets, pilasters, grill work, trellises, and other similar projections for purely ornamental purposes may project beyond the front, rear and side building line, however, not exceeding two (2) feet.
• Unenclosed, uncovered or covered porches, balconies and steps, shall not project beyond the front or side building lines.
  (e) The rear yard measured from the farthest back projection of the principal or accessory building to the rear property line shall be not less than ten (10) feet.

SECTON VI

GARBAGE RECEPTACLES

Each religious student center site shall be required to install adequate garbage receptacles between the front sidewalk and curbing by the owner of said site. These receptacles shall be of

PAGE-7-

sufficient capacity to take care of the garbage cans used by said center and shall be of a design approved by the Sanitation Department of the City of New Orleans. The r receptacle shall be installed underground and shall have a neat cover flush with the sidewalk surface. Details of the garbage receptacles shall be made part of the plans and specifications of the center-to be submitted to The Board-of Levee Commissioners of the Orleans Levee District for approval. No garbage cans or trash burners are-to be exposed on the street or sidewalk in front or rear of a center.

SECTION VII

SERVICES

All services, such as gas telephone, electric power, sewers, drainage and water pipes shall be placed underground from the property line to the building.

Relative to electric service, the owner shall lay, or-have laid, a cable underground, from his meter to a New Orleans Service Inc’s., manhole on a street adjoining his lot.

Relative to telephone service, the owner shall provide, at his own risk and expense, an open trench not less than fifteen (15) inches in depth from the center to a telephone terminal box-on the street adjoining his property.

Location of this trench is to be designated by the Telephone Company. The Southern Bell Telephone and Telegraph Company will then lay the necessary cable in this trench and the owner, after the cable is laid, will then backfill this trench at his own expense. The owner shall be responsible to restore the area between property line and street curb to the same condition it was in before this installation.

SECTION. VIII

SWIMMING POOLS

Swimming pools, if and when erected, are to be of approved, substantial and neat construction, and will only be permitted provided they are entirely surrounded by a fence not less than thirty-six (36) inches in height-and shall conform to all fence requirements recited in Section X. The water edges of the pool shall not be built closer than ten (10) feet to either side property line, closer than twenty (20) feet to the front property line, or closer than ten (10) feet to the rear property line. The finished top-side or surface deck, shall not be constructed higher in elevation than two (2.) feet above the established site grade of the lot and shall be so designed as not to permit water from the pool splashings to drain onto an adjoining lot.

SECTION IX

PARK

Lake Oaks Park is a public park owned by the Orleans Levee Board, and is for the use of the General Public of the City of New Orleans. This park will be maintained by the Orleans Levee Board.

SECTION X

• No fences will be permitted in the front twenty (20) feet of any site.
  (b) Side and rear and fences, if and when erected from the depth of twenty (20) feet from the front property line, to the rear property line and/or across rear property line, shall not exceed five (5) feet in height from the established grade. These fences may be of solid or closed type design.
  (c) Cross fences, when erected in the side yard or rear yard area, shall not exceed five (5) feet in height from established grade.
  Plans showing location and details of fences must be submitted for approval to the Orleans Levee Board before they are erected.

SECTION XI

GRADE OF SITE

The established grade of lots is not to be raised by an individual owner so as to adversely affect an adjacent property owner in the same square.

SECTION XII

PLANTING

Hedges and shrubbery may be grown along rear and side property line, but shall be restricted to the height of six (6) feet on side property lines from. The twenty (20) foot setback line rear property line, and along rear property line.

Trees may be planted in the required side yard provided they are sufficiently spaced to prevent a hedge effect. Trees planted in the required side yards may not project into an adjacent owner's yard, except upon agreement between the affected owners, that said projection is not objectionable.

All trees, shrubbery, flowers, lawns or other vegetation or center lots shell be kept in good condition by the owners and/or their tenants.