----------------The above space left blank
intentionally for TN recording purposes---------------
THIS INSTRUMENT
PREPARED BY COSTNER & GREENE, ATTYS.,
C&G-7883
WHEREAS, the undersigned, JACK JEFFRIES
(hereinafter referred to as "Developer"), is the Developer of a
certain tract or parcel of property located in the 10th Civil District of
Blount County, Tennessee, and more particularly described as Lots 1, 2, 4, 5,
6, 7, 8, 9 & 10 of Jeffries Court Subdivision as shown on map of record in
the Register's Office for Blount County, Tennessee, in Map File ______________;
and,
WHEREAS,
the undersigned, desiring to promote the development thereof as a subdivision
and for the protection of it, its successors in trust or assigns and the
protection of future owners of any one or more of said lots; does hereby impose
upon the above described property, the following restrictive covenants which
shall run with the land, to wit:
1. BUILDING TYPE: (a) All structures shall be constructed on
solid, non-combustible foundations, except porches and decks may be on isolated
piers. Said foundations and piers shall
be brick veneered. Outside finish shall
be of wood siding, stucco, stone, brick, or vinyl with no exposed common
concrete block or cinder block. All
building materials shall equal or exceed FHA standards. Outbuildings of a design and construction
similar to that of the main residence shall be permitted if they consist of the
same construction quality as hereinafter set forth, as said main
residence. All driveways shall be paved
with concrete or brick.
2. DWELLING OR
BUILDING SIZE. No residence shall be
erected, altered or permitted to remain on any lot unless the dwelling has a
minimum of one thousand five hundred (1,500) square feet of indoor heated
living space, exclusive of basements, open porches, garages, carports or
storage rooms; provided, however, in the event of multi-level construction, the
ground floor must contain a minimum of one thousand (1,000) square feet.
3. CONSTRUCTION
REQUIREMENT. Plans and
specifications for all dwellings must meet those described in the "Federal
Housing Administration's Minimum Construction Requirements for One and Two
Family Dwelling." A minimum of
two-car, attached or detached, enclosed garage must be constructed in
connection with each residence and all garages shall have doors that close. No finished buildings, including but not
limited to outbuildings, shall have exposed concrete blocks showing. Any lot may be used for commercial purposes
except as otherwise prohibited herein.
4.
NON-CONFORMING STRUCTURE. The
non-conforming structure which is presently situated on
5. TEMPORARY
STRUCTURES. No structure of a
temporary character, trailer, basement, tent, shack, garage, barn, or other
outbuildings shall be used on any lot at any time as a residence either
temporarily or permanently; provided, however, that this shall not apply to the
shelters used by the contractor during the construction of the main building,
it being clearly understood that these latter temporary shelters may not be
used at any time as residences or be permitted to remain on the lot after the
completion of the construction.
6. BUILDING LOCATION. Minimum building setback requirements are
thirty (30) feet on the front, five (5) feet on the sides and twenty-five (25)
feet on the back, unless otherwise noted on the recorded plat. All outbuildings shall be located not nearer
than seventy-five (75) feet from the front street property line. It is the
intent of the Developer that the actual property line and not the paved street
surface boundary be used as the point of reference for determining
setbacks. For the purpose of this
covenant eaves, steps, and open porches shall not be considered as part of a
building provided however, that this shall not be construed to permit any
portion of a building on a lot to encroach upon another lot.
7. NUISANCES. No noxious or offensive activity shall be
carried on or upon any lot, nor shall anything be done thereon which may become
an annoyance to the neighborhood.
8. ANIMALS. Poultry and livestock are specifically
prohibited from being raised, bred or kept on lots. Dogs, cats, or domestic household pets may be
kept, provided that they are not kept, bred or maintained for any commercial
purposes. However, no more than three
(3) domestic household pets shall be kept on any one lot.
9. WASTE OR
UNSIGHTLINESS. (a) No lot shall be
used or maintained as a dumping ground for rubbish, trash, or other waste. All trash, garbage, and other waste shall be
kept in sanitary containers and except during pickup if required to be placed
at the curb, all containers shall be kept at the rear of all dwellings out of
sight from the street. There shall be no
burning of trash or any other waste materials after construction.
(b) All lots must be seeded or sodded with grass. All vacant lots shall be mowed a minimum of
three (3) times during the growing season or more should vegetation on any lot
exceed twelve (12) inches.
10. FUEL TANKS. No fuel tanks or similar storage receptacle
may be exposed to view and may be installed only within the building, buried
under the ground, or hidden by a privacy fence.
11. FENCES. Any
fence on any lot shall be constructed so as to be aesthetically compatible with
the construction and styled of said dwelling.
No chain link fences shall be allowed.
12. OUTSIDE WIRING. The outside wiring for all dwellings,
buildings, and any other structures shall be placed underground. No overhead wiring of any type shall be
permitted.
13. AIR CONDITIONING
UNITS AND/OR HEATING EQUIPMENT. No
window air conditioning units shall be installed in any residence or building
so as to be visible from a public street. No equipment for central air
conditioning or heating shall be installed so as to be visible from any public
street, unless such equipment is shielded from the view either structurally or
by plantings.
14. UTILITY METERS. Utility meters are to be placed so that they
are not visible from any public street and in no instance shall the meter be
located at the front of the dwelling.
Meters located at the side or rear of the building shall be concealed by
a structural or planted shield so as not to be visible from any public street.
15. INOPERATIVE
VEHICLES/PARKED VEHICLES. (a) No inoperative cars, trucks, trailers, boats,
campers or other types of vehicles shall be allowed to remain either on or
adjacent to any lot for a period in excess of forty-eight (48) hours, provided,
however, this provision shall not apply to any such vehicles being kept in an
enclosed garage.
(b) There shall be no on street parking
allowed.
16. CONSTRUCTION. All construction shall be continuous and must
be completed within one (1) year of initiation.
No person may occupy an unfinished structure, nor shall any house or
building be left unfinished for any extended length of time.
17. SIGNS. No business or commercial signs are
allowed on any lot other than signs advertising premises for sale which shall
not contain a surface area greater than five (5) square feet.
18. SEPTIC
TANKS. All dwellings not connected
with public sewer lines shall be equipped with septic tanks constructed in
accordance with the requirements of the State Board of Health of Tennessee, and
no outside toilets shall ever be permitted upon any lot in this subdivision.
19. SATELLITE DISHES,
POOLS, MISCELLANEOUS. Satellite
dishes not be exceed three (3) feet in diameter shall be allowed. However, the same shall be located to the
rear of the residence and situated so as not to create a nuisance or unsightly
attraction in the development. No
holding tanks of any sort will be permitted that are visible from street or adjoining
properties.
20. DEVELOPMENT. Nothing contained in these restrictions shall
prevent the Developer or any person designated by the Developer, from erecting
or maintaining such commercial and display signs and such temporary dwellings,
model house and other structures as the Developer may deem advisable for
development purposes.
21. STORM WATER DISCHARGES ASSOCIATED WITH
CONSTRUCTION. David Alley is
committed to good environmental stewardship.
The owner of any lot agrees to abide by the and have any contractors he
hires abide by the provisions of the Tennessee General NPDES Permit (TNR100000)
for Storm Water Discharges Associated with Construction Activity (TNCGP). This permit is for the entire Jeffries Court
Subdivision. A Storm Water Pollution
Prevention Plan (SWPPP) has been developed for implementing construction storm
water management activities under the TNCGP.
The general contractor and every contractor having responsibility for
construction storm water management must sign the Notice of Intent (NOI)
included with the SWPPP prior to start of any construction activities.
22. AMENDMENTS TO COVENANTS. For a period of ten (10) years from the date
of recordation, the Developer reserves and shall have the right (i) to amend
these covenants, but all such amendments shall conform to the general purposes
and standards of the restrictions herein contained (ii) to amend these
covenants for the purposes of curing any ambiguity in or any inconsistency
between the provisions contained herein, and (iii) to include in any contract
or deed or other instrument hereafter made any additional covenants and
restrictions applicable to the said land which do not lower the standards of
the covenants herein contained. However,
the Developer reserves the right to waive the setback lines on any lot whether
owned by the Developer or not for so long as the Developer owns any lot in
Jeffries Court Subdivision, provided that this provision shall not vary
applicable setbacks required by local governmental regulations. After said ten (10) year period, these
restrictions may be amended by a seventy five percent (75%) majority vote of
the then lot owners and any such amendment shall be duly recorded in the Blount
County Register’s Office.
22. TERM AND ENFORCEMENT. These covenants are to run with the land,
shall be binding on all parties and all persons claiming them for a period of
twenty-five (25) years from the date covenants are recorded, after which time
said covenants shall be automatically extended for successive periods of ten
(10) years unless an instrument signed by a majority of the then owners of the
lots has been recorded, agreeing to change said covenants in whole or in
part. Enforcement of these covenants
shall be by proceedings at law or in equity against any person or persons violating
or attempting to violate any covenant either to restrain violation or to
recover damages. It is expressly
understood and agreed that all cost, including reasonable attorney's fees,
incurred by any moving party in any legal proceedings which result in a
successful enforcement of any covenant or restriction contained in this
document shall be borne in full by the defendant in such proceeding.
IN WITNESS
WHEREOF
this the
________ day of ___________________, 2005.
______________________________
JACK JEFFRIES
STATE OF
Personally appeared before me, a Notary
Public in and for said County and State, JACK JEFFRIES, the within named
bargainor with whom I am personally acquainted (or proved to me on the basis of
satisfactory evidence), and who acknowledged that he executed the within
instrument for the purposes therein contained.
Witness my hand and official seal at
office, this ____ day of _____________________, 2005.
Notary Public
My Commission
expires: