DECLARATION OF COVENANTS AND RESTRICTIONS SUMMER OAKS FARRAGUT, TENNESSEE

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Mark Spencer
5 years ago
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1 THIS INSTRUMENT WAS PREPARED BY EAGLE BEND REALTY, LLC P.O. Box FARRAGUT, TN DECLARATION OF COVENANTS AND RESTRICTIONS SUMMER OAKS FARRAGUT, TENNESSEE WHEREAS, Eagle Bend Realty, LLC, has caused to be subdivided a tract of land located on Old Stage Road in Knox County, Tennessee, which is recorded as instrument number in the Register Deeds Office of Knox County, Tennessee. WHEREAS, it is now desired for the benefit and protection of purchasers of lot in this subdivision, and in order to establish a sound value for these lots, to record these restrictions so that they may be of public record. NOW, THEREFORE, in consideration of the premises, Eagle Bend Realty, LLC does hereby impose the following covenants to run with the land on the lots of said subdivision: 1 These covenants are to take effect immediately and shall be binding on all parties and all persons claiming under them until January 1, 2030 at which time said covenants shall be automatically extended for successive periods of ten years unless by a vote of the majority of then owners of the lots it is agreed to change said covenants in whole or in part. 2. If the parties hereto or their heirs or assigns shall violate or accept to violate any of the covenants herein, it shall be lawful for any other persons or persons owning any real estate situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, and either to prevent him or them from so doing, or to recover damages or other dues for such violation. 3. Invalidation of any one of these covenants by judgment or court order shall not in any way affect any of the other provisions which shall remain in full force and effect. 4. No lot shall be used except for residential purposes. The developer reserves the right to have a sales office on any lot during the years of development. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed three stories in height (not including basement), and a private garage. 5. No trailer, basement, tent, garage, barn or other out-building erected on the tract shall at anytime be used as a residence, temporarily or permanently nor shall any structure of a temporarily character be used as a residence, nor shall any trailer or mobile home be permitted upon such lots. No modular Homes shall be permitted. Eagle Bend Realty, LLC reserves the right to determine the type, roof pitch, design etc. that will be permitted or rejected for use in said subdivision. 6. No automobiles, trucks or other method of transportation can be kept, stored or parked on any lot unless it is an automobile or truck with a current, up-to-date registration or license plate, and one that is capable of normal road use. This provision is intended to forbid the storage of JUNK automobiles, and is further intended to prohibit the storage and keeping of RACE automobiles. 7. No buildings shall be located on any lot nearer to the side street line than the minimum setback lines shown on the recorded plat. In any event no building shall be located on any lot nearer than 35 feet to the front lot line, or nearer than 35 feet to any side street line. No building shall be located nearer than 15 feet to all interior lot lines and the total side yard shall not be less than 40 and 25 feet to rear lot line. In the event the preceding building location restriction cannot be 1

2 complied with because of unusual lot configuration or other reason, appeal for relief of this covenant may be made to the Town of Farragut. 8. Not more than one house may be erected on any one lot as shown on the recorded map. 9. The Developer, Eagle Bend Realty, LLC, reserves the right to approve all plans and specification of houses before construction begins. The developer may require certain improvements be made for aesthetic reasons and continuity of the subdivision. 10. Design Requirements: 1. The dwelling and related improvements must be of traditional architecture and design as defined herein. 2. The minimum living area square footage requirements shall be determined by Eagle Bend Realty, LLC on a case by case basis and shall be within the sole discretion of Eagle Bend. 3. All dwellings, except one story dwellings shall have a minimum roof pitch of 8/12 and the one story shall have a minimum roof pitch of 9/ All dwellings shall be of brick, stucco, stone or a combination thereof as approved by Eagle Bend. Any other exterior finishes must be approved by Eagle Bend on a individual basis. No masonite or other similar material type synthetic siding materials will be permitted. Hardie Plank cement siding, or natural wood will be considered on and individual house basis. 5. All above ground exterior foundation walls shall be veneered with brick, stone or stucco as 6. All fireplaces and chimneys shall have a brick, stucco, or stone exterior unless otherwise specifically approved on an individual basis by Eagle Bend. 7. All dwellings shall have not less than two car attached garage or detached garage, side or rear entry only, capable of accommodating two automobiles unless otherwise 8. Heating and air conditioning units shall be concealed from view by appropriate screening. 9. The finished grading of all lots shall be in conformity with the recorded plat for the subdivision and in such manner as to retain all surface water drainage on said lot or lots in property line swales designed to direct the flow of all surface waters into the drainage easements as created by the overall drainage plan for the development, as approved by Knox County. 10. Exterior color selections shall be harmonious with each other and with natural materials, and shall be compatible with the colors of the natural surroundings and other adjacent property. 11. Fascia, gutters and down spouts shall blend in and be directly compatible with the architectural detail of the exterior walls. Reflective glass in prohibited. 12. All exterior mechanical equipment including, but not limited to, transformers, vents, air conditioning compressors, pool pumps, meters, etc., shall be concealed from view by walls of the same material and color as the building or by opaque landscaping screen. No solar energy devices shall be allowed unless specifically and individually 13. All interior window treatments such as drapes and blinds shall have a solid light colored appearance from the exterior. 2

3 MISCELLANEOUS RESTRICTIONS 1. Mail boxes shall be of brick, stone or stucco as 2. No outside radio transmission towers or receiving antennas may be installed or used, except as 3. No one shall be permitted to store or park house trailers, campers, pleasure or fishing boats, trailers or other similar type vehicle on or about said premises unless the same are stored or parked inside a garage so as not to be readily visible from the street. No automobiles which are inoperable or being stored shall be repeatedly parked, kept, repaired or maintained on the street, driveway or lawn of any lot. 4. Builders will be responsible for providing silt control devises on each lot during construction activities. 5. Clotheslines and other devises or structures designed on customarily used for drying or airing laundry shall not be permitted. 6. No road or driveway shall be constructed or altered on any Lot without the prior written approval of Eagle Bend. Parking spaces, garages, and the driveway to a garage shall be planned and executed in an attractive and functional manner and shall consider the location of existing trees, topography, streetscape and compatibility with surrounding improvements. All homesites shall have a paved driveway of stable and permanent construction of a least eighteen (18) feet in width. All driveways must be constructed of brick, concrete, asphalt or stone unless individually 7. All construction on a Lot shall be at the risk of the Owner of such Lot and the Owner of such Lot shall be responsible for any damage to any curbing, sidewalks, or street resulting from construction on such Lot. 11. When the construction of any building is once begun, the work thereon shall be prosecuted diligently and continuously until the full completion thereof. The main residence and all related structures shown on the plans and specifications approved by the Grantors pursuant to the previous paragraph hereof, must be completed in accordance with said plans and specifications within the time approved by the Grantors after the start of the first construction upon each tract unless such completion is rendered impossible as the direct result of strike, fires, national emergencies, or natural calamities. The design and type of material for any driveway shall be approved by the Grantors. During construction on any building tract, all vehicles involved in such construction, including those delivering materials and supplies shall enter upon such building tract from the accessway only at such location as shall be approved by the Grantors, and such vehicle shall not be parked at any time on the accessway or ways, or upon any property other than the building tract on which the construction is proceeding. 12. Easements to each individual lot for installation and maintenance of utilities and drainage facilities are reserved on a strip ten feet wide along all lot lines, the ten foot easement of the lot lines is reserved only in favor of Eagle Bend Realty, LLC or its assigns. The granting of this easement or right of access shall not prevent the use of the area by the owner for any permitted purposes for buildings. 13. No structures of a temporary character, trailer, basement, tent, shack, garage, barn or out-building shall be used on any lot any time as a residence, either temporarily or permanently. A dwelling under initial construction with an incomplete exterior shall be considered a structure of temporary character. Eagle Bend Realty, LLC reserves the right to use trailers for the Construction Activities, security personnel and real estate sales. 3

4 14. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 15. No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale, or rent, or signs used by a builder to advertise the property during the construction and sales period. 16. No oil drilling, oil development, operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained for any commercial purpose. 17. No animals, livestock, or poultry of any kind shall be raised, bred on kept on any lot except that of dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for commercial purposes. 18. All waste shall be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. 19. No major overhauling of motors or vehicles shall be permitted within visibility from the front of each of the respective houses. Similarly, boats may not be stored in the front yard. 20. No clothes-lines will be permitted in any yards. 21. No individual water supply systems shall be permitted on any lot unless such system is located, constructed and equipped in accordance with the requirements, standards, and recommendations of both state and local public health authority. Approval of such system as installed shall be obtained from such authority. 22. No septic tanks or drain fields are permitted. 23. No fences or walls shall be erected, placed or altered on any lot or parcel unless approved by Eagle Bend Realty, or its assigns. If any fencing is constructed without the prior approval of the developer or its assigns the Developer or its assigns may remove said fencing without the necessity of proceeding through the judicial process. No fencing shall be constructed around the front or side yard beyond the front of the house. Chain link fencing will not be approved unless it is in the rear yard of any lot, and then only with the express approval of the Developer or its assigns. No chain link fence shall face any street or road. Only wood fencing shall be permitted to face streets or roads. No wooden porches or steps are permitted in front of the house. 24. No outside radio transmission towers, receiving antennas, television antennas, solar panels or any other exterior structures other than a traditional mail box or exterior lights or lamps may be installed or used without the prior written approval of the Developer or its assigns. 25. Builders will be responsible for the removal of all waste and unused material at reasonable intervals during construction and after completion and shall provide silt control devices on each lot during construction activities. 26. The placement, storage or creation of hazardous materials on any lot is strictly prohibited and the Developer shall have the unrestricted right to take such action as it deems necessary to protect the health and welfare of the owners and occupants of the subdivision. In addition, the Developer shall have the right to assert a lien against any lot or lots for the recovery of expenses incurred by it or others for the removal of such materials from any lot and the rehabilitation of the same. 4

5 27. The Developer and its assigns hereby reserve the right in its absolute discretion at any time to annul, waive, change or modify any of the restrictions or conditions contained herein, provided that said modifications do not reduce the general standards of Summer Oaks Subdivision. 28. Any or all of the rights and powers, titles, easements and estates reserved or given to Developer in this Declaration may be assigned to any person or entity or assigns which will agree to assume said rights, powers, duties and obligations and carry out and perform the same. Any such assignment or transfer shall be made by appropriate instrument in writing in which the assignee or transferee shall join for the purpose of evidencing its acceptance of such rights and powers: and such assignee or transferee shall thereupon have the same rights and powers and be subject to the same obligations and duties as are herein granted to and secured by Developer and upon such assignment, the Developer shall thereupon be forever released there from. 29. The laws of the State of Tennessee shall control in the construction of these covenants and restrictions. As used in this Declaration of Covenants and Restrictions, words used in the singular shall be deemed to include the plural and the plural, the singular, and words used in the masculine gender shall be deemed to include the feminine, if appropriate. 30. Upon the sale and transfer of the eighth (14 th ) lot by Eagle Bend Realty, LLC in said subdivision to an individual and/or builder, Eagle Bend agrees to transfer all rights afforded Eagle Bend by and through these restrictions to the owners of said lots with each owner having one (1) vote and equal and shared rights to amend and/or enforce these restriction. The property owners in Summer Oaks shall establish a Home Owners for the maintenance and upkeep of the entrance landscaping and common area. Until transfer and establishment of a Home Owners Association the responsibility of maintenance and upkeep shall be Eagle Bend Realty s. Eagle Bend Realty, LLC By: Scott Davis, Chief Manager STATE OF TENNESSEE s.s. COUNTY OF KNOX Personally appeared before me,, a Notary Public in and for said County, The within named bargainors Scott Davis, Chief Manager, Eagle Bend Realty, LLC or proved to me on the basis of satisfactory evidence with whom I am personally acquainted and who acknowledges that-he- executed the within instrument for the purposes therein contained. Witness my hand and official seal at office this day of, 200. My commission expires, 200 NOTARY PUBLIC 5

Page 1 of 5 THE STATE OF TEXAS: KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS:

Page 1 of 5 THE STATE OF TEXAS: COUNTY OF HARRIS: KNOW ALL MEN BY THESE PRESENTS: WESTCHESTER REALTY CO., a Texas corporation, owner of the lands and premises hereinafter described for the purpose of evidencing