Restrictions

Declaration OF COVENANTS AND RESTRICTIONSRUNNING WITH THE LAND IN A SUBDIVISION DENOTED As “Hanging Rock”
 
Hanging Rock Property Rules
hereinafter referred to as "Developer", is the owner and holder of
certain real estate situated in Grundy County/ Tennessee/ as more
specifically described in deed of record in Warranty Deed Book 127,
Pages 614, in the Register's Office of Grundy County, Tennessee;
And
 
WHEREAS, the Developer has promulgated and established
certain covenants and restrictions, as hereinafter specifically set
forth, and which shall run with the land and shall be incorporated
in and become an integral and binding part of each and every deed
hereinafter executed and delivered to any purchaser, or purchasers,
for any portion of said lands by the Developer or its successors in
title thereto.
 
NOW, THEREFORE, Developer does hereby declare and
establish the following covenants and restrictions, which shall run
with the land as described in said deed, and each and every part
and parcel thereof:
 
Section 1: LAND USE AND BUILDING TYPE. No lot shall be
used except for residential purposes. No lot shall be subdivided,
nor shall any lot be used for ingress and egress for commercial
purposes, nor shall any roadway be constructed thereon for the
purpose of connection to other lots or lands/ except with the
expressed written approval of the Architectural Control Committee.
No dwelling shall be placed upon said land except for single-family
dwelling unite not to exceed two (2) stories in height, and a
private garage and not more than two (2) outbuildings which can be
used for the purpose of storage and one of which may be a low
profile stable. No dwelling will be less than One Thousand Five
Hundred (1,500) square feet for one (1) story and Two Thousand Five
Hundred (2,500) square feet for two (2) stories, exclusive of
porches, carports, patios and exterior open additions.
 
No mobile homes or modular homes will be permitted.
 
All buildings must be approved by the Architectural
Control Committee, as set forth in Section 14.
 
Section 2: ARCHITECTURAL CONTROL. No building shall be
erected, placed or altered on any lot until the construction plans
and specifications and a plan showing the location of the structure
on the lot have been approved by the Architectural Control
Committee as to quality of workmanship and materials/ harmony of
external design with existing structures on other lots, and as to
location with respect to topography and finish grade elevation. No
driveway, fence or walls shall be erected, placed or altered on any
lot unless similarly approved. Approval shall be as provided in
Section 14.
 
Section 3: BUILDING LOCATION. No building shall be
located on any lot nearer than one hundred (100) feet to any lot
line (except for the bluff where no set back is required), except
with the approval of the Architectural Control Committee.
 
In the event any owner owns, within one boundary, a tract
in excess of one lot, his entire boundary may be considered as one
lot for the purpose of the requirements set forth in this
instrument.
 
Section 4: NUISANCES. No noxious or offensive activity
shall be carried on upon any lot, nor shall anything be done
thereon which may be or become an annoyance or nuisance to the
neighborhood.
BK 58  PG 184
 
No junk vehicles, machinery, equipment, or other similar
Item shall be allowed on said property.
 
All lots shall be maintained so as to ensure a natural
but neat appearance. The removal of timber v( except for dead and
diseased trees) will be limited to such that is necessary to
construct a dwelling, outbuildings, drives, and utilities.
Provided further that the cutting and removal of trees and
underbrush around any improvements is permitted within a distance
of Two Hundred (200) feet. The Architectural Control Committee may
grant exceptions to this provision so long as the natural beauty
and state of the land is not compromised.
 
Section 5 : TEMPORARY STRUCTURES. No structure of a
temporary character, trailer, basement, tent, shack, or similar
type structures shall be erected on any lot at any time as a
residence, either temporarily or permanently, or for any other
purpose.
 
Section 6 : SIGNS. No sign of any kind shall be
displayed to the public view on any lot, except one sign of not
more than five (5) 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.
 
Section 7: OIL AND MINING OPERATIONS. 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 or permitted upon any lot.
 
Section 8: LIVESTOCK AND POULTRY. No swine, poultry, or
any other animal shall be allowed, except for horses, dogs, cats or
household pets which may be kept, so long as same are not
maintained for commercial purposes. The number of horses, dogs,
cats or household pets shall be subject to review by the
Architectural Control Committee and subject to the approval of
same, but in no event shall said Committee be allowed to eliminate
the right to have such animals as set forth in this Section.
 
Section 9: GARBAGE AMP REFUSE DISPOSAL. No lot shall be
used or maintained as a dumping ground for rubbish. Trash,
garbage, or other waste shall not be kept, except in sanitary
containers. All incinerators or other equipment for the storage or
disposal of such material shall be kept in a clean and sanitary
condition.
 
Section 10: WATER SUPPLY SYSTEM. No individual water
supply system 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 authorities. Approval of such systems as
installed shall be obtained from such authority.
 
Section 11: SEWAGE DISPOSAL. No individual sewage
disposal system shall be permitted on any lot unless such system is
designed, located and constructed in accordance with the
requirements, standards, and recommendations of both State and
local public health authorities. Approval of such system as
installed shall be obtained from such authority.
 
Section 12: SLOPE CONTROL. Each owner of each lot
herein shall be responsible for the grassing or the planting of
ground covers on all embankments within their property lines. This
shall include the embankments resulting from the grading of roads,
driveways, buildings, pools, and all other work of this nature.
      Section 13: ARCHITECTURAL CONTROL COMMITTEE.
 
Membership: The Architectural Control Committee is
composed of Larry Nunley and Kathy Nunley. The Committee may
designate a representative to act for it. In the event of death or
resignation of any member of the Committee, the remaining member
shall have full authority to designate a successor. Neither member
of the Committee, nor its designated representative, shall be
entitled to any compensation for services performed pursuant to
this covenant. At any time, the then record owners of a majority
of the lots shall have the power through a duly recorded written
instrument to change the membership of the Committee.
 
Procedure: The Committee's approval or disapproval as
required in these covenants shall be in writing. In the event the
Committee, or its designated representative, fails to approve or
disapprove within thirty (30) days after plans and specifications
have been submitted to it, or in any event, if no suit to enjoin
the construction has been commenced prior to the completion
thereof, approval will not be required, and the related covenants
shall be deemed to have been fully complied with.
 
Section 14 GENERAL PROVISIONS.
 
Term: These covenants are to run with the land and shall
be binding on all parties and persons claiming under them for a
period of twenty-five (25) years from the date these 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 record owners of the
lots has been recorded, agreeing to change said covenants in whole
or in part.
 
Enforcement: Enforcement 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. All costs of enforcement, including attorney's fees,
shall be borne by the owner and/or party violating or attempting to
violate any covenant.
 
Severabi1ity: Invalidation of any of these covenants by
judgment or court order shall, in no wise, affect any of the other
provisions, which shall remain in full force and effect.