Blue Springs Ridge

Restrictive covenants of Blue Springs Ridge

Whereas, the undersigned FINNEY DEVELOPMENT, NORMAN and CHARLOTTE FINNEY, being the owners in fee simple of the real estate that has been subdivided and named BLUE SPRINGS RIDGE, SECTION I, according to survey and plat of same, of record in Plat Book _____, Page _____, of the Register's Office of COFFEE COUNTY Tennessee, and which plat is made a part hereof by reference, does hereby agree and bind itself, its successors and assigns, that the following restrictions, limitations and covenants shall be binding upon all purchasers of lots in said BLUE SPRINGS RIDGE, SECTION I, its successors and assigns, as follows:

LOT USAGE

1.  No lot may be used for any purpose except for the construction and maintenance of residential building, and no such residential structure on any lot shall be designed, constructed or used for more than one family.  No group or congregate living shall be allowed in single family residences.

2.  No lot shall be resubdivided, but shall remain as shown on the recorded plat, and not more than one residence building may be constructed or maintained on any one lot; however, two or more lots made be made into one building site, if the new single lot is approved by the Architectural Review Committee and the subdivision engineer.  A slight variance of up to five (5) feet maximum in the property lines may be made by the builder or adjacent owners without any approval of the other lot owners subject to a new plat.

3.  No immoral, improper, illegal, noxious or offensive operation, and/or business or trade of any kind, even if allowed by Governmental Zoning, shall be allowed, conducted or maintained on any lot or any portion of a lot, and nothing shall be constructed, reconstructed, or kept on any lot which may constitute an annoyance or nuisance to the neighborhood.

4.  No animals or livestock of any kind shall be allowed or maintained on any lot except that dogs, domestic cats, or other (household) domestic pets may be kept inside, provided that they are not kept for commercial purposes.  No poultry of any kind or description shall be allowed or maintained on any lot at any time for any purpose.  All local laws, ordinances and/or regulations are to be complied with by the pet owners and owners of the lots.  Dog runs and kennels are not permitted.  No commercial business or trade shall be conducted or carried upon any lot.

5.  No mobile homes, trailers, modular structures, preconstructed houses, manufactured homes, basement house, camper, shack, tent, garage, barn, storage bin or shed (unless approved pursuant to the language below) or other outbuilding shall be erected or moved on any lot and used as either a temporary or permanent residence, even though said structure may meet all minimum square footage and other requirements.  Furthermore, no structure of a temporary character, trailer, mobile homes, manufactured home, motor home, camper, tent, shack, modular home, storage bin, shed, bard or other out-building shall be maintained or stored on any lot.  The only exceptions to this paragraph will be that a house trailer or field office, a temporary dumpster for construction debris, and a temporary storage trailer may be used by the builder or their sales organization during the construction of homes in the subdivision.  detached garages, storage bins or sheds may be approved by the Architectural Review Committee, provided they conform with the general character and atmosphere of the neighborhood and provided detached garages match the contour of the house.

6.  No trailer, truck, motorcycle, or commercial vehicle shall be parked or kept on any lot at any time unless housed in a garage or basement, or on a concrete pad to the rear of the dwelling provided that the concrete pad is aesthetically screened and approval has been obtained by the Architectural Review Committee.  No automobile which is inoperable or unlicensed shall be habitually or repeatedly parked or kept on any lot (except in the garage) or on any street in the subdivision.  No trailer, boat, or other vehicle, except an automobile, shall be parked on any street in the subdivision for a period in excess of twenty-four hours in any one calendar year.  No automobile shall be continuously or habitually parked on any street.

7.  The developers of this subdivision, or their assigns, or the Architectural Review Committee, or its designees, reserve the right to enter upon any lot for the purpose of cutting grass, trimming trees, and shrubs, or generally cleaning up such lot if the same is reasonably required, charging the expense thereof to the owner thereof, which shall become a lien upon the lot in favor of the undersigned developer, to be paid by the owner thereof.  The owner of each lot is responsible for the regular mowing of grass on his or her lot, as well as maintenance of said lot in an orderly manner.

8.  Incinerators for garbage, trash or other refuse shall not be used or permitted to be erected or placed on any lot.  All equipment, coolers, and garbage cans shall be walled or otherwise be screened to conceal the same from the view of neighboring lots, roads, streets, and open areas.  No lot shall be used or maintained as a dumping ground for rubbish.

9.  No sign of any kind, including, but not limited to, a sign of a slanderous nature and political signs, shall be displayed to the public view on any lot except one non-illuminated sign of not more than four (4) square feet advertising the property for sale or rent.  Signs used by builder or developer to advertise the property during the construction or sales period are allowed and may be up to 32 square feet in size.

10.  No lot owner may construct or place any satellite dishes or any other device for the transmission or reception of television signals, radio signals, or any form of electromagnetic radiation will be permitted, with the exception of a satellite no larger than two(2) feet in diameter, which are permitted, provided they are placed in the back yard or on the back side of the dwelling roof.

11.  No lot owner may erect any clothesline or clothes hanging device on the lot owner's property.

12.  There shall be no basketball goals installed in the front yard of any lot.

13.  All electrical service from the main service in the subdivision, or cable television, telephone and other wired services to each residence must be underground in compliance in the utility district's requirements for underground service.  No large outside propane tanks allowed.  (Grills only)

14.  Each owner of any lot in the development, or any party having an interest in any portion of the development, expressly agrees that no duty or obligation is imposed upon the developers to enforce or attempt to enforce any of the covenants or the restrictions contained herein.  Neither shall the developers be subject to any liability of any kind or asserting that developers failed to enforce the same.

LOT IMPROVEMENTS

15.  All houses erected in this section of the subdivision shall have the minimum required square feel of living space as follows:  all houses with an exterior finish which is 75% brick shall have a minimum of 2,000 square feet of living area.  All houses with an exterior of less than 75% brick must be approved by the Architectural Review Committee.  Living space is measured to the exterior of the foundation walls, and such space will not include any garages, patios, porches, or storage space to meet these requirements.  The distribution and quantity of living space on each floor of the house shall be at the discretion and approval of the Architectural Review Committee.  No dwelling shall be constructed on any lot closer than lot lines established by the Board of Zoning.

16.  Single story residences shall have a minimum roof pitch of 8' x 12', and one and one-half (1 1/2) story or two (2) story residences shall have a minimum roof pitch of 6' x 12' unless otherwise permitted by the Architectural Review Committee.

17.  The exterior finish of all residences and garages constructed on said lots shall be of any of the following materials and finishes only:  dressed brick or exterior sidings of masonite, vinyl, stone or a combination of any of the above, or as may be otherwise approved by the Architectural Review Committee.  If the exterior building material does not extend to ground level, then any exposed foundation must be either brick or stone.  Houses must be built with a crawl space under the living area.  All exterior chimneys shall be of brick or stone.  All houses and garages constructed shall be brick, or finished to grade or as approved differently by the Architectural Review Committee.

18.  Any structure which is preassembled or already constructed which a lot owner desires to move onto a lot covered by these restrictions is not permitted, even though such structure may meet minimum square footage and other requirements.

19.  No building shall be constructed or maintained on any lot, i) in any reserved drainage, utility, or landscape easement area; and ii) closer the the street than the setback line as shown on the recorded plat, and Board of Zoning Appeals, as applicable; provided, however, unclosed porches, either covered or uncovered, bay windows, steps, or terraces shall be permitted to extend the setback lines; provided, however, that the main structure does not violate the setback line.

20.  The only fences which shall be permitted on lots shall be those erected with the express written approval of the Architectural Review Committee, which is charged to ensure that said fences conform with the general character and atmosphere of the neighborhood.  The committee may require, as a condition of approval, the use of hedges or other greenery as screening for the fence.  All fences must be maintained in good repair, and owners agree to abide by reasonable requests for the repairs and maintenance as may be made by the Architectural Review Committee.  On all lots except corner lots, no fence shall be permitted between the the rear corners of the residence located on each lot and the street.  On all corner lots, no fence shall be permitted between any front or outside corder of the residence located on such lot and the streets upon which the lot is located; however, the use of hedges, shrubbery, or evergreens as a fence, or in lieu of a fence, and extending to the front or sides of any lot is permitted, provided such hedges, shrubbery or evergreens shall not be permitted to be in excess of forty-two (42) inches in height.  No landscaping shall be allowed within the edge between the minimum building setback line of any lot and the street right of way which would restrict visibility on the street or otherwise be hazardous to motorists, pedestrians, and children.

21.  Each lot owner must construct, furnish, and maintain in good repair a mailbox and/or newspaper holder of uniform design and placement to be determined by the Architectural Review Committee (or board of such Committee), at the owner's separate expense and owner must maintain the same.

22.  Private, in-ground swimming pools and private vegetable gardens are permitted uses on all development lots, but shall not be allowed or permitted closer to the street or streets bordering said lot from the front or side walls of the residential structure located thereon.  At no time shall above-ground swimming pools be allowed on any lot.  In the case of private, in-ground pools, the pool shall be fenced and completely enclosed by brick, iron, or vinyl picket fencing and maintained in a safe manner to avoid the creation of a hazard and nuisance to the public.  At no time shall chain-link fencing be used for any of these purposes.

23.  All houses shall have at lease a two-car garaged attached to and made a part of the dwelling, and enter from the side or rear (except the Architectural Review Committee has authorization to waive this requirement if the shape of the lot and the design of the residence necessitates a variance, provided, however, that if this requirement is waived, the garage door must be of the highest aesthetic quality and design).  Owners shall maintain an operational garage door opener, and all garage doors shall remain closed, except for actual ingress or egress therein.

24.  All driveway entrances from the street to each lot shall conform to the following:  standards to be approved by the Architectural Review Committee.  The (entrances) from the street to each lot shall be no less than 20 feet in width.  The driveway, including any turn-around area,must be constructed of concrete.  Any changes will be made by the Architectural Committee.  Circular driveways are allowed, but only entrance from the street shall be permitted.  A temporary gravel drive shall be constructed from the street to the side of the proposed dwelling before or at the time construction of said dwelling is commenced.  All owners of lots shall consult with the developer or the appropriate governmental agency's road division before installation of any driveways, culverts, or headwall or other structures, within the dedicated roadway, and such placement of construction shall be done in accordance with the rules and regulations of said governmental body.  No curb shall be cut down for a driveway, nor shall the driveway extend over or past the curb, except with the approval of the appropriate governmental agency road division.

25.  No dwelling structure not to have pipes protruding on the front side of structure must be located at the rear of the roof line unless approved by the Architectural Review Committee.  No dwelling will have a meter for electric placed on the front side of house.

26.  The cutting of trees of four inches (4") or more in diameter by any builder or owner shall require the express prior approval of the Architectural Review committee.

27.  Each builder agrees to landscape each lot and dispose of any rubbish, trees, or other items which would detract from the subdivision as a whole.  No builder will be permitted to push rubbish onto another lot unless he owns the other lot and has positive plans to remove the same.  The cost of collection of any rubbish will be charged to the builder or the owner of that lot.

28.  Once construction has commenced, it shall proceed diligently.  owner is responsible for maintaining a neat and orderly construction site.

EASEMENTS

29.  In addition to any easements and encroachments rights provided herein, there is specifically reserved on every lot in the subdivision the following easement:  street lights will be erected and maintained and therefore, an easement is reserved on each lot for such construction and maintenance.   Reference is made to any easement grant from developer to such public utility company, which grants may or may not be of record in the Register's Office of Coffee County, Tennessee.  All lots are encumbered by any easement previously recorded and to the easements as shown on the plat of record and revised plats, as may be recorded in the future.

ARCHITECTURAL REVIEW COMMITTEE

30.  (A) There is hereby appointed and Architectural Review committee to be comprised of two (2) individuals.  The initial committee shall be composed of Norman Finney and Kristen Shell.  In the event of death or resignation of any member of the committee, the remaining member shall have full authority to designate and appoint a successor to fill the vacated position on the committee, and the successor Committee member so appointed shall have the same powers and authority of a Committee member as if initially appointed herein.  The members of the Committee shall not be entitled to any compensation for services performed pursuant to this covenant.  This Architectural Review Committee shall remain in existence until such time as lots have been fully developed with finished single family dwellings on each lot of BLUE SPRINGS RIDGE and the jurisdiction and authority of the Architectural Review Committee shall terminate at such time as all lost have finished single family dwellings located on them.   (B) No building shall be erected, placed or altered on any lot until the constructions plans and specifications and a plan showing the location of the structure have been approved by the Architectural Review Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation.  The Architectural Review Committee shall also have the right to approve and disapprove the lot owner's choice of building contractor, with the name of the building contractor being submitted to the Architectural Review Committee for approval, either before or at the time that plans and specifications are submitted for approval.  At the time of application to the Architectural Review Committee for approval of the proposed construction, the lot owner shall submit a full set of architectural plans to the Committee.  Once approved, the set of architectural plans with any amendments required by the Committee, shall stay on file with the committee until such time as the construction is complete.  Upon completion, the set of plans shall be returned to the lot owner.  Landscaping plans for the lot must be submitted to the Architectural Review Committee withing six (6) months from the start of construction for approval by the Committee and landscaping must be completed within three (3) months from the date approval is given.  Approval of the Committee shall be in writing and must be received by the lot owner prior to the commencement of the improvement or alteration undertaken.  Approval of the Committee requires the affirmative vote of both Committee members.  In addition to plans and specifications of the building, the Architectural Review Committee shall either approve or disapprove all matters incident or related to the architectural and aesthetic design of the building, including but not limited to the elevation or exterior design, exterior colors, landscaping, planting, fencing, building materials and exterior veneer (brick, stone, wood, etc.).  It is the intent of these architectural requirements that this Committee shall ensure a uniform, aesthetically pleasing subdivision without the utilization of garish colors or architectural designs.  The Architectural Review Committee is empowered to waive provisions of these requirements, within its jurisdiction, for good cause shown; provided, however, that this power shall not extend to reducing the minimum squar footage or minimum building length referred to hereinabove.  (C) Decisions of the Architectural Review Committee may be enforced by the Committee by prosecution of any violations at law or in equity against the person or persons violating any of such requirements of the Committee, to prevent him or her from so doing.  It shall not, however, be incumbent on the Committee to prosecute such violations.  In addition to the Committee, it shall be lawful for any person owning real property situated in said subdivision to prosecute any proceedings at law or in equity against the person or persons violating any decision of the Architectural Review Committee, and either prevent him or her from so doing or recover damages for such violation, or both.  The Architectural Review Committee may also, at its option, enforce all other Restrictive Covenants applying to BLUE SPRINGS RIDGE and listed herein.  (D)  The Architectural Review Committee's approval or disapproval as required in the Restrictive Covenants shall be in writing.  In the event the Committee fails to approve or disapprove withing thirty (30) days after plans and specifications have been submitted to it, or in the event 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 insofar as approval of the Architectural Review Committee is required.  (E) BLUE SPRINGS RIDGE ASSOCIATION will charge a $100.00 (yearly fee) due at closing to keep up maintenance on lights, pay the light bill, entrance landscaping, and any other maintenance in BLUE SPRINGS RIDGE.  A bill will be sent out each year on the homeowner's closing date for the $100.00 maintenance fee.  This fee is subject to change with notice by the BLUE SPRINGS RIDGE ASSOCIATION.  A separate homeowner's association may be formed by lot owners after all lots in said subdivision have been sold.  (F) It is expressly covenanted and agreed that the Architectural Review Committee shall have the jurisdiction and authority to determine the existence of noxious or offensive operations or an annoyance or nuisance, but only after an opportunity for a hearing before the Committee is given for the persons or individuals charged with conducting a noxious or offensive operation or an annoyance or nuisance to the neighborhood.  All lot owners shall be notified of the time and place of the hearing and will be allowed an opportunity to express their opinion.  Refusal to abide by the decisions of the Committee shall be deemed a breach of these  covenants and shall authorize any lot owner or the Committee to proceed in a court of competent jurisdiction to obtain such protective orders and damages as are appropriate under the circumstances then and there existing.  (G) The members of the Architectural Review Committee shall not be liable for any mistake of judgment, negligence, or otherwise, except for the individual and willful misconduct or bad faith.  The members of the Architectrual Review Committee shall not receive any compensation for their services thereon.

TERMINATION, EXPIRATION & AMENDMENT

31.  If any of the provisions of this instrument are at any time declared void or inoperative, by any Court of competent jurisdiction, the remaining provisions shall not be otherwise affected thereby.  Invalidation of any one of these Restrictive Covenants by judgment or court order shall in no way affect any of the other Restrictive Covenants contained herein.  In such event, the Restrictive Covenants contained herein that are not so invalidated shall remain in full force and effect.

32.  That restrictions herein imposed shall be covenants running with the land, and shall be binding upon all parties and persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, and thereafter shall be automatically renewed for successive fifteen (15) year periods unless over seventy-five percent (75%) of the lot holders agree in writing that the automatic renewal shall not occur.

33.  These restrictions may be amended at any time by fifty-one (51%) of all lot owners, if a unanimous recommendation for the proposed amendment is made by the Architectural Review Committee, or seventy-five percent (75%) of all lot owners, or may be amended solely by the developer. 

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