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Declaration of
Restrictions, Covenants and Subdivision Standards
Declaration of
Restrictions, Covenants and Subdivision Standards
For Eagle Bluff Estates Section I, Phase I; Marion
County, TN
This declaration of
restrictions, covenants and standards shall apply to
all lots and parcels of land known as Eagle Bluff
Estates, Section I, Phase I located in the ___ Civil
District Marion County, Tennessee, as shown on the
plat of record in Envelope _____, Register’s Office
of Marion County, TN.
Whereas, the Developer
and Owner desire to develop said property as a
residential subdivision and to prove and adopt a
uniform plan of restrictive covenants governing land
use, easements, restrictions, and conditions which
will control values, amenities, desirability and
attractiveness of real property within EAGLE BLUFF
ESTATES, PHASE I, SECTION I.
NOW, THEREFORE, in
consideration of the premises, the Developer with
and any all persons, firms, corporations, or other
entities acquiring any of the property hereinabove
described that the same shall be and is hereby
subject to the following restrictions, covenants,
conditions, and easements relating to the use and
occupancy thereof. These restrictive covenants shall
become effective upon the recordation of this
Declaration and shall run with the land and be
binding on all parties holding or acquiring any
right, title, or interest in the Property, or any
part thereof, whether or not expressed in any deed
or other conveyance.
ARTICLE I
DEFINITIONS
Section 1.
“Association” shall mean and refer to EAGLE BLUFF
ESTATES HOMEOWNERS ASSOCIATION, its successors and
assigns, which shall be established by the Developer
& Owner after 75% of all lots in contemplated phases
are sold and conveyed, unless, established sooner at
the Owner’s discretion.
Section 2. “Board”
shall mean and refer to the Board of Directors of
the Association.
Section 3. “ Common
Area” shall mean all real property now or hereafter
owned by the Association for the common use and
enjoyment of Association Members and shall include
lot 31A, Lot 14(the pond) and the main entrance
gate.
Section 4. “Common
Expenses” shall mean and refer to the actual and
estimated expenses for operating the Association,
including any reasonable reserve, as may be found to
be necessary and appropriate by the Board pursuant
to this Declaration and the Bylaws and Articles of
Incorporation by the Association.
Section 5.
“Declaration” shall mean the covenants, conditions,
restrictions, and easements and all other provisions
herein set forth in this instrument, sometimes
referred to as Covenants and Restrictions, as may
from time to time be amended.
Section 6. “Developer”
shall mean Eagle Bluff Estates, LLC, a Tennessee
limited liability company
Section 7. “Improved
Lot” shall mean a Lot in the Property for which a
building permit has been issued for the construction
of Improvements, and on which the construction has
commenced.
Section 8.
“Improvements” shall mean any alteration,
modification, or other process resulting in a change
in appearance, structure, style, or composition of
any part of an existing Structure, as defined
herein.
Section 9. “Majority in Interest” shall mean more than
75% of the total votes to which members of the
Association are entitled.
Section 10. “Owner”
shall mean and refer to the recorded owner, whether
one or more Persons or entities, of the fee simple
title to any Lot which is a part of the Property,
but excluding those having such interest merely as
security for the performance of any obligation.
Section 11. “Person”
shall mean and refer to a natural person,
corporation, partnership, association, trust or
other legal entity, or combination thereof.
Section 12. “Plat”
shall mean and refer to that certain Final
Subdivision Plat for Section I, Phase I of Eagle
Bluff Estates, prepared by ________________and
recorded in Plat Book_____ in the Register’s Office
of Marion County, Tennessee, together with any
additional or subsequent plats for additional phases
as same may be prepared and recorded in said
Register of Deeds Office.
Section 13. “Property”
shall mean and refer to that certain real property
described in Exhibit A attached hereto and by
reference made a part hereof, together with such
additional real property as may by subsequent
amendment be added to and subjected to this
Declaration.
Section 14.
“Structure” shall mean and refer to: (i) any thing
or object, the placement of which upon any Lot may
affect the appearance of such Lot, including by the
way of illustration and not limitation, any building
or part thereof, garage, porch, gazebo, shed,
greenhouse, bathhouse, coop, cage, covered or
uncovered patio, swimming pool, tennis court, fence,
curbing, paving, wall, tree, shrub, satellite dish,
sign, signboard, mailbox, driveway, temporary or
permanent improvement to such Lot; (ii) any
excavation, grading, fill ditch, diversion dam or
other object which affects or alters the natural
flow of surface waters from, upon or across any Lot,
or which affects or alters the flow of any waters in
any natural or artificial creek, stream, wash or
drainage channel from, across or upon any Lot; and
(iii) any change in grade at any point on a Lot of
more than twelve (12) inches, whether or not
subsection (ii) of this section applies to this
change.
Section 15. “A.R.C.”
shall mean and refer to the Architectural Review
Committee which is further described in Article V of
the Declaration.
Article II
General Covenants and
Restrictions
The following shall
apply to all Lots and to all Structures erected or
place thereon:
Section 1. All lots
shall be restricted exclusively to single family
residential use. No Lot or portion thereof, at any
time shall be used for any commercial, business or
professional purpose; however nothing herein shall
be construed to prohibit or prevent the Developer or
any builder of residences in Eagle Bluff Estates
from using any Lot owned by Developer or such
builder for the purpose of carrying on business
related to the development, improvement and sale of
Lots in Eagle Bluff Estates. The main dwelling may
be leased out to others with approval from the
A.R.C.
Section 2. Only 1
single family residential dwelling structure will be
permitted to remain on any tract. The structure
shall not exceed 2 stories in height, plus basement,
and a garage. In no event shall any part of the main
structure or garage be used as a second dwelling for
rental purposes. Duplex residences, garages, or
basement apartments, or group homes are prohibited
(in-law apartments and teen suites which are
attached to the main structure will be allowed).
Section 3. Dwelling Quality and Size: All dwellings
shall be of good quality and workmanship materials. The
minimum square footage of a single family residence
shall be no less than twelve hundred (1,200) square feet
on the primary floor, as measured from exterior walls,
provided, garages, carports, porches, basements, and
similar spaces will be exempt from the minimum square
footage and be considered as additions to the stated
minimum square footage requirements. The exterior of any
Structure shall be completed before an owner may have
occupancy of the Structure.
Section 4. Location of
Improvements Upon the Lot: Any structure built upon
a Lot in Eagle Bluff Estates is subject to building
setbacks identified on the recorded plat of the
Subdivision. All Lots are subject to governing
zoning, laws, and codes of the State of Tennessee,
and Marion County. For purposes of this Declaration,
eaves, open porches and decks shall be considered
part of the building.
Section 5. No mobile
homes, trailers, modular home, doublewide, tent, or
shack shall be erected on or moved onto any Lot in
for use as a residence temporarily or permanently.
Uses of these structures, of any type, are strictly
prohibited.
Section 6.
Landscaping: Landscaping shall be performed in such
a way as not to be offensive to any other owners of
neighboring Lots and to maintain the rustic appeal
of the subdivision.
Section 7. Mailboxes:
Use of post office boxes is strongly recommended.
Only one mailbox/newspaper box per single-family
residence shall be allowed. All mailboxes/newspaper
boxes shall be of a type and style and located on
the respected Lot as approved by the ARC.
Section 8. Lighting:
Outside light posts and lighting fixtures shall be
of a type and style located on the respective Lot as
approved by the ARC.
Section 9. Driveways:
Driveways must be constructed of asphalt, concrete,
or brown gravel. Curb crossings during construction
shall be restricted to an area of the future curb
cut for the permanent drive so as to minimize curb
damage. Driveway tile (culvert) may be needed and
that will be determined by the A.R.C. before the
driveway is completed. The driveway surface shall be
completed within 180 days from the issuance of a
certificate of occupancy.
Section 10. Nuisances:
No activity shall be carried out on any Lot, which
is not related to a single-family residence. Each
owner shall refrain from any act through the use of
his Lot which reasonably causes embarrassment,
discomfort, annoyance, or nuisance to the
neighborhood or any neighbors. No noxious,
offensive, or illegal activity shall be carried out
on any Lot. No noise may be created that may
reasonably disturb the peace and quite of the
occupants of the surrounding property; this includes
pets.
Section 11. Storage of
Automobiles, Boats, Trailers, Other Vehicles, and
Equipment: No automobiles, boats, trailers, campers,
motorcycles, buses, trucks, tractors, recreational
vehicles, non working vehicles, equipment or
machinery of any kind, camp rigs off trucks, boat
rigging or any item deemed offensive by the ARC
shall be stored permanently or semi-permanently on
any public road or right of way. Permanent or
semi-permanent storage of such vehicles or items on
individual lots must be screened from public view
either in the garage, behind a solid fence, or to
the side of the dwelling so as not to be immediately
visible from any main roadways. No junkyard shall be
maintained in the Subdivision, nor shall farm
equipment or commercial trucks larger than three
quarter ton pickup trucks be parked in the
subdivision longer than is necessary for moving or
for construction and maintenance then in progress.
No metal outbuildings of any type shall be
permitted.
Section 12. Visual
Screening: The Owner of all Lots shall in no event
use any Lot for storage of material and equipment
except for normal residential and construction
requirements or permit the accumulation or burning
of garbage, trash, or rubbish of any kind thereon.
All yard equipment, woodpiles or storage piles shall
be screened so as to conceal them from view of
neighboring Lots or roads.
Section 13. Fences,
Walls, Planters, and Screens: Plans for all fences,
screens, walls, gates, and planters must be approved
by the ARC in writing prior to construction.
Section 14. Animal
Husbandry. No animals, livestock, exotic animals, or
poultry of any kind shall be raised, bred, or kept
on any Lot except dogs, cats, or other common
household pets, provided that they are not kept,
bred, or maintained for commercial purposes or in
unreasonable numbers. No farm animals, horses,
ponies or mules, cow, goat, chicken, or hog shall be
permitted on any Lot.
Section 15. Resubdivision: No Lot is shall be subdivided
into lots less than one (1) acre of property.
Section 16. Easements:
Each Lot of the Subdivision shall be subject to
perpetual easements for installation and maintenance
of utilities and drainage facilities. Such easements
are for a width of ten (10) feet along all Lot
lines. The granting of these easements shall not
prevent the use of the area by the owner for any
permanent purpose; however no structure of any kind
shall be erected or maintained upon or over said
easements, except structures for public utilities.
If one owner owns adjoining tracts, this provision
shall not apply to the interior tract lines as long
as the tracts a so owned. It is also understood that
there is an ingress and egress easement between Lot
11 & Lot 12, which is shown on the plat that grants
right of way to the land below Eagle Bluff Estates
LLC that is presently owned by American Timberland
LLC, Deed book 260, page 574. Easements also include
a field line easement on Lot 29 for adjoining Lot.
Section 17. Garbage
and Refuse Disposal: No Lot shall be used as a
dumping ground for rubbish, trash, garbage, or other
waste. All garbage shall be placed in a sanitary
container intended for such use, screened from
neighbors and road, and shall not remain uncollected
or disposed of for a period exceeding 26 hours.
Burning of trash is prohibited except during periods
of construction. Contact Monteagle City Dump for the
nearest trash dumpsite.
Section 18. Lot
Maintenance. All lots, together with any
landscaping, shall be maintained in neat and
attractive condition by the respective lot owners.
Such maintenance shall include but not limited to
seeding, watering, mowing, pruning, and cutting of
all shrubs, trees, yard and other landscaping.
Section 19. Building
Maintenance: All tracts, together with exterior of
all improvements (if any) located thereon shall be
maintained in a neat and attractive condition by
their respective owner. Such maintenance shall
include but shall not be limited to painting,
repairing, replacing, and caring for roof, gutters,
downspouts, building surfaces, walks and other
exterior improvements.
Section 20. Signs,
Advertisements, and Billboards: No sign,
advertisement or billboard or advertising structure
of any kind shall be displayed to the public view on
any lot except for the purpose of advertising the
property for sale or rent.
Section 21:
Construction Diligence: All construction work must
be completed with due diligence. No incomplete
structure shall be permitted to exist without active
construction for more than sixty days (60).
Construction of any structure shall be completed
within twelve (12) months from the date of
groundbreaking which additional time may be granted
for the completion of construction subject to
approval of the A.R.C.
Section 22: Damage,
Destruction or Maintenance: In the event of damage
or destruction to any structure within the
Subdivision, the Owner of the tract agrees as
follows:
(A)
In the event of total destruction, the owner
of the particular Lot shall promptly clear all
debris, trash, rubbish and all other items that may
be considered a nuisance by the ARC and level the
same in a neat and orderly condition until such time
as the owner may decide to build a new structure.
(B)
In the event of partial damage to a structure
or improvement the owner shall either (i) demolish
the structure and thereafter comply with the
provisions set for in part (A) of this section or
(ii) as promptly as the insurance adjustment may be
made, cause the damage or destruction to be repaired
and restored to a first class condition to the same
specifications that where approved by the ARC. In
the event the owner would like to make alterations
to the structure all such alterations shall be
approved by the ARC before reconstruction shall
begin. In no event shall any damaged structure be
left unprepared and restored for in excess of sixty
(60) days.
Section 23. Building Materials: All building materials,
whether in initial or subsequent construction, shall be
of high quality guided by industry standards and all
applicable building codes. Buildings shall be
constructed of hardie board, mountain stone, log, or any
sample approved by the A.R.C. which is in a manner
consistent and harmonious with other homes within the
development.
Section 24.
Construction Maintenance: Contractors and all
builders shall maintain Lots and construction sites
in a clean manner during the construction phase.
Trash and excess materials shall be cleared a
minimum of at least one (1) time per week. Mud and
debris on the street caused by new construction must
be cleaned with promptness by the contractor causing
such to incur.
Section 25. Garages:
The garage must not be less than 1 car nor require
more than three (3) doors, either single or double
doors. Garages must not face the front nor face the
main street unless said garage is at least 250 feet
from the main road. Garages must have automatic
doors installed and doors must be kept closed when
not in use.
Section 26. Utilities:
All utilities located outside the platted right of
ways shall be constructed in accordance with all
Federal, State, and Local guidelines.
Section 27. Sewage
Requirements: No individual sewage systems, septic
systems, shall be permitted on this Property, unless
such a system is designed, located and constructed
in accordance with all Federal, State, and Local
requirements as recommended by the local Tennessee
State Health Department Authority. Final approval of
such system shall be obtained from such authorities.
Section 28. Children’s
Tree houses: Children’s tree houses, if built, must
be properly constructed so as to present a neat,
uncluttered appearance and must be to the rear of
the main dwelling house. Must have A.R.C. approval.
Section 29.
Clotheslines: No outdoor clothesline shall be placed
on any lot.
Section 30. Antenna:
No antenna, satellite dish or other devise for
transmitting or reception of television signals,
radio signals, or any form of electromagnetic wave
or radiation shall be permitted to remain on any
tract, house, or building unless located at the rear
of the house, the rear roof bridge line, or gable of
the main structure so as to be hidden from site.
Section 31. Common
Area Maintenance: All property owners will share in
the maintenance of the common areas with the
developers until such time as the Homeowners
Association is formed and takes over the
maintenance. The expense for this will be kept at a
minimum and should not exceed $150.00 per year per
lot owner. This includes maintaining the entrance
gate, security lights, pond, pavilion, and common
area Lot 31A.
ARTICLE III
Eagle Bluff Property
Owners Association
Section 1. Membership:
All persons, corporation, firm or other entity of
record as the owner of a Lot shall be a Member of
the Association, after the formation thereof as set
forth in Article I, Sec. 1, subject to and bound by
the Association’s by-laws, rules and regulations.
Section 2.
Assessments: For Each Lot owned within the
subdivision, every owner covenants and every
subsequent owner of each Lot, by acceptance of deed,
is deemed to covenant and agree to pay to the
Association annual assessments or charges for the
creation of a maintenance fund in amounts to be
established from time to time by the Association,
and special assessments as approved by the Members
from time to time.
Section 3. Purpose of Assessments: The assessments
levied by the Association shall be used to provide funds
for such purposes as the Association may determine or
for the benefit of its Members, or to promote health,
safety, and welfare of the residents of the Subdivision,
or for the acquisition, improvements or maintenance of
properties or facilities related to the use and
enjoyment of the Common Areas, including but not limited
to the cost of repair, replacement or additions thereto;
and for the payment of taxes assessed against the Common
Areas, the procurement and maintenance of insurance or
any other needs as may arise at the discretion of the
Association.
Section 4. Voting: The
voting rights of the membership shall be appurtenant
to the ownership of a Lot. The owners of each lot
shall have one (1) vote for each lot they own. When
two or more persons hold interest in any Lot, the
vote for such Lot shall be exercised in proxy and
nominee for all persons holding interest in a Lot,
and in no event shall more than one (1) vote be cast
with respect to any Lot. Notwithstanding the above,
with respect to any lot owned by the Developer, said
Lot (and owner thereof) shall be entitled to four
(4) votes for each lot for a period of ten (10)
years from the date of this declaration, and one (1)
vote per Lot thereafter.
ARTICLE IV
COMMON AREA PROPERTY
RIGHTS
Section 1. Every owner
shall have non-exclusive right and easement of
enjoyment in and to the Common Areas which shall be
appurtenant to and pass with the title of every Lot,
whether or not mentioned specifically in the deed to
said Lot, subject to the provisions of this
declaration, and the by-laws of the association,
including but not limited to the following.
(A)
Subject to the use of this Declaration, the
right of the Association to limit the use of the
Common Area to owners, families and guests
(B)
The right of the Association to suspend
enjoyment rights of an Owner for any period during
which any assessments against his Lot remains
unpaid, or for any infraction of the Association’s
published rules and regulations.
Section 2. Every Owner
shall have interest in all the property owned by the
Association as is represented by the ratio of the
number of Lots owned by said member to the total
number of Lots in the Subdivision.
Section 3. The common
area shall be conveyed to the Association by
Developer after formation of Association or sooner
at Developer’s discretion.
ARTICLE V
ARCHITECTURAL REVIEW
COMMITTEE
No construction,
remodeling, alteration, or addition to any
structure, building, fence, wall, driveway,
outbuilding or improvement of the exterior shall be
constructed without obtaining the prior written
approval of the ARC as to the location, plans, and
specifications. As a prerequisite to consideration
for approval and prior to beginning the contemplated
work, a copy of the plat, the building plans and
specifications shall be submitted to the ARC. The
ARC shall be the sole arbiter of such plans and may
withhold a written approval for any reason including
purely aesthetic considerations. Upon giving written
approval, construction shall be started and
prosecuted to completion promptly and in strict
conformity of the plans. The ARC shall be able to
stop any construction in violation of these
restrictions stated throughout this Declaration. In
the event the ARC fails to deny or approve such
plans and specifications in writing within a
reasonable time, approval will not be required and
this section will be deemed to have been complied
with.
The ARC shall be
appointed by the developer and consist of at least
two (2) individuals. After formation of the
Association, the Association shall appoint the ARC.
ARTICLE VI
General Provisions
Section 1. Duration:
The covenants and restrictions stated in this
Declaration shall run with and bind the Properties
for a term of 25 years from the date hereof, after
which time they shall be automatically extended for
successive periods of twenty five (25) years.
Section 2. Amendments: Declarations may be amended
during the first twenty five (25) year period by an
instrument signed by Owners of not less than two thirds
(2/3) majority. Each Lot shall carry (1) vote for each
deed on record, to alter, amend, or revoke the same, in
whole or in part. No amendment to these Declarations
shall restrict or limit the rights retained by the
Developer or ARC under these Declarations, including but
not limited to, the right of architectural approval,
without the ARC’s written consent.
Any Amendment to these
declarations shall only become effective when an
instrument evidencing such change, and signed by the
appropriate parties, has been filed with the
Register’s Office of Marion County, Tennessee.
Section 3. Governing
Law: This Declaration shall be construed under and
governed by all laws of the State of Tennessee.
Section 4. Covenants
Running with the Land: Each and every declaration,
covenant, condition and restriction set for the
herein is for the benefit of all owners, their
successors and assigns and shall be deemed to be
covenants running with the land. Each owner shall be
deemed to have assumed all obligations of the
Declaration relating thereto.
Section 5.
Severability: Invalidation of one or more of these
restrictions by judgment, court order, or otherwise
shall not affect any of the other provisions not
expressly held to be void and all such remaining
provisions shall remain in full force and effect. To
this end all provisions in this Declaration are
declared to be severable.
Section 6.
Enforcement: If any person, firm, corporation, or
any other entity shall violate, or attempt to
violate any of these restrictions, it shall be
lawful for the ARC or any other person, firm,
corporation or other entity owning any property
within Eagle Bluff Estates, to bring action against
the violating party at law or in equity for any
claim which these restrictions may create and such
other owner or interested party either to prevent
said person, firm, corporation or other entity from
doing such acts or to recover damages for violation.
Any failure by the ARC or any property owner to
enforce any of said covenants and restrictions or
other provisions, shall in no event be deemed a
waiver of the right to do so thereafter. If it
becomes necessary for any party to file suit to
enforce any of these covenants and restrictions, the
party found guilty of violating this Declaration
shall be required to pay a reasonable attorney’s fee
to the attorney representing the party petitioning
the enforcement of this declaration.
Section 7. No
Reverter. No restriction or provision herein is
intended to be or shall be constructed as a
condition subsequent or as creating any possibility
of a reverter.
IN WITNESS WHEREOF,
the owner has caused this declaration to be executed
on the day and date first above written.
EAGLE BLUFF ESTATES,
LLC
By:
________________________________Chief Managing
Operator
Print
Name____________________________________________
STATE OF TENNESSEE
COUNTY OF MARION
On this ____ Day of
______, 2007, before me personally appeared
________________________, with whom I am personally
acquainted (or proved to me on the basis of
satisfactory evidence to be the persons herein
described) and who acknowledged himself to be
__________________, of Eagle Bluff Estates, LLC, and
that he, as such ______________________ and being
authorized so to do, executed the foregoing
instrument for the purposes therein contained.
__________________________
Notary Public
My Commission Expires:
______________________________
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