RESTRICTIONS AND RESERVATIONS
FOR
THE HILLS AT WATERFORD SUBDIVISION
DECLARATION OF RESTRICTIONS on land embraced in The Hills at Waterford Subdivision, a subdivision in Washington County, Tennessee, as shown by plat recorded in Plat Book 19, Page 254, in the Office of the Register of Deeds for Washington County, Tennessee.
We, the undersigned, the owners of all the land embraced in The Hills at Waterford Subdivision do hereby declare that the reservations, easements and restrictions hereinafter set out shall be, and the same are, made applicable to said property, to-wit:
RESERVATIONS AND EASEMENTS
1. Easement for installation and maintenance of all necessary or proper public utilities and drainage facilities are reserved.
2. Easement for natural drainage is reserved as natural drainage courses now exist, and no subsequent purchaser or owner shall obstruct any drainage course.
3. No tract of land laid out as a lot in The Hills at Waterford Subdivision shall ever be used as a street without the written consent from the undersigned or their designees.
4. The right to enter in accordance with Paragraph 15 below.
GENERAL RESTRICTIONS
1. Use.
The lots within The Hills at Waterford Subdivision (hereinafter the “Lots”) are for, and shall be limited to use as, single-family residential purposes only. There shall not exist on any lot at anytime more than one residence. No trailer, tent, shack, barn, temporary building, outbuildings, or guest house shall be erected on any of the lots in the subdivision without approval in writing from the undersigned or their designee. No garage shall be constructed except as an integral part of the residence it is intended to serve. Garages, which shall be for the use only of the occupants of the residence with which they are appurtenant, may only be used primarily for garaging automobiles, must be constructed in design and materials in a manner identical with the residence and garage doors must be side entrance or rear entrance only, and must be approved in advance by the undersigned or their designee.
2. Structures-Materials.
Residences shall be constructed of high quality materials suited for and intended by their manufacturer to be used for the purposes for which they are incorporated into the residence. Exteriors of any structure, including residences, garages, and boundary and concealment walls, shall not be constructed of concrete blocks, cinder blocks or materials of similar appearance, nor shall artificial, simulated, fake, or imitation materials be used. No mobile homes, mobile home kindred, manufactured homes, prefabricated homes or modular homes shall be erected or maintained within The Hills at Waterford Subdivision. Driveways shall be constructed of concrete and the final ten feet which connects to the street shall be decorated with a cobblestone stamp design. All roofs need to be architectural styled fiberglass shingles rated for a 25 year life or better. Any metal roof shall be for accent only of the standing seam style. All electric service drops to any structures are to be underground.
3. Structures-Size and Shape.
One-story residences shall not have less than 2400 square feet of floor area devoted to living purposes, exclusive of open porches and garages. Two story and one and a half story residences shall have not less than 2400 square feet of floor area with a minimum of 1600 square feet on ground floor devoted to living purposes exclusive of open porches and garages. No residence shall be constructed with a straight line roof. All garages are to enter from side or rear unless special exception is granted in writing from the undersigned or their designees. All structures must meet or exceed R.P.3 zoning requirements.
4. Structures-Construction.
No building material of any kind of character shall be placed or stored upon the property until the owner is ready to commence construction of improvements, and then such material shall be place within the property lines of the lot or parcel of land upon which the improvements are to be erected, and shall not be placed in the streets or between the curb and property line unless approved by the undersigned or their designee. The exterior of all improvements started on said land muse be completed immediately. When construction of any structure is once begun work thereon must be prosecuted diligently and must be completed within twelve (12) months. No residence may be in any manner occupied until complete and made to comply with the approved plans, the requirements herein, and all other covenants, conditions, reservations and restrictions herein set forth and a certificate of occupancy granted from the City of Johnson City. Eighty percent (80%) of outside finish material must be brick, stone, drivit, or hardy plank. Vinyl soffitts are acceptable.
5. Approval of Plans.
(a) For the purpose of further insuring the development of The Hills at Waterford Subdivision as an area of high standards, the undersigned or their designee hereby reserves the right and power to approve the buildings, structures, and other improvements placed on each lot, which approval shall not be as the unreasonably withheld, as well as to make such exceptions to these Reservations and Restrictions as the undersigned or the designee shall deem necessary and proper. Traditional style homes are the theme. Contemporary, Mediterranean, Spanish, Tudor, etc. are not acceptable.
(b) Whether or not provision therefore is specifically stated in any conveyance of a lot made by the undersigned or the successors or assigns, the owner or occupant of each and every lot, by acceptance of title thereto or by taking possession thereof, covenants and agrees, that no building, wall, fence, or other structure shall be placed upon such lot unless and until the plans and specifications therefore and plot plan have been approved in writing by the undersigned or their designee. Each such building, wall, fence, or structure shall be placed on the premises only in accordance with the plans and specifications and plot plan so approved. Refusal of approval of plans and specifications may be based on any reasonable ground, including purely aesthetic grounds which, in the sole discretion of the undersigned or the designee shall seem sufficient. No alteration in the exterior appearance of the buildings or structures shall be made without like approval. If the undersigned or their designee shall fail to approve or disapprove the plans and specifications within 30 days after written request therefore, then such approval not be required; provided that no building or other structure shall be erected which violates any of the Covenants herein contained.
6. Designee.
The undersigned may appoint one or more persons as the designee for purposes of passing on matters for which the undersigned are entitled to approve or disapprove as herein provided. After One Hundred Percent (100%) of the lots have been conveyed, all privileges, powers, rights and authority to approve or disapprove as provided in this restriction shall be exercised by and vested in a committee to be selected by The Hills at Waterford Subdivision Architectural Committee and Homeowner’s Association. Until all the lots have been conveyed, the developer reserves the right to amend the restrictive covenants or to waive or modify any restrictions for any lot in the development.
7. Subdivision and Addition of Lots.
Each lot as shown on the recorded plat hereinbefore referred to, constitutes a building site and no lot shall be divided into two building sites. Further, no building site shall be less in area than the area of the smallest lot shown on the recorded plat hereinbefore referred to. A single lot, together with a contiguous portion or portions of one or more lots in the same block may be used for one building site. No lot shall be subdivided except with the approval of the undersigned or their designee. The owners/developers reserve the right to add additional land for the development of additional lots for The Hills at Waterford Subdivision. Any additional lots which are developed will have all rights to any improvements of the subdivision and shall be bound by all restrictions and reservations of said subdivision.
8. Setback Lines.
Setback lines shall be as required by applicable governmental regulation pertaining to R.P.3 zoning.
9. Fences, Walls, Outbuildings, Tanks, Garbage Cans and other Structures.
(a) No improvement or structure whatever, other than a single-family residence and appurtenant garage constructed in accordance with these restrictions, may be erected placed or maintained on any building site.
(b) Any and all tanks for use in connection with any residence constructed in The Hills at Waterford Subdivision, including tanks for the storage of fuels, must be buried or walled-in in accordance with this paragraph or landscaped sufficiently to conceal them from the view of neighboring lots, roads or streets. All garbage cans, equipment, coolers, and storage piles must be walled-in in accordance with this paragraph sufficiently to conceal them from the view of neighboring lots, roads or streets.
(c) Antennas for the transmission or reception of broadcast or satellite transmission signals, including satellite dish antennas, Citizen Band and Amateur Radio antennas, and television broadcast antennas shall be walled-in in accordance with this paragraph or landscaped sufficiently to conceal them from the view of neighboring lots, roads or streets.
(d) Boundary walls and concealment walls shall be constructed of materials identical to or complimentary to the materials on the exterior of the residence. Materials for wall construction are restricted in accordance with paragraph 2 above. No boundary wall shall be constructed with a height of more than six feet and no boundary line hedge or shrubbery shall be permitted with a height of more than six feet.
(e) No wall of any height or for any purpose shall be constructed on any lot until after the height, type design, and approximate location therefore shall have been approved in writing by the undersigned or their designee. The heights or elevations of any wall shall be measured from the existing elevations of the property at or along the applicable points or lines. Any question as to such heights may be completely determined by the undersigned or their designee.
(f) No fence shall be constructed on any lot unless and until the plans and material have been approved by the undersigned or the designee in writing. Fences must be complimentary to the design and materials used in constructing the residence. In no event may fences be constructed of chain fabric or wire, in any configuration, nor may fence posts or rails be of non-decorative metal or material.
(g) All drives must be constructed of concrete. All driveways must be stamped in cobblestone design for the last ten feet with coloring to be approved by the developers or their designees.
(h) All mailboxes must conform to the pre-selected style and manufacture of the developers.
10. Native Growth, Vegetation, Landscaping.
The native growth present on the lots shall not be permitted to be destroyed or removed except as approved in writing by the undersigned or their designee. Grass, and shrubbery on each lot, shall be mowed and trimmed at regular intervals so as to maintain a neat and attractive appearance. Trees, shrubs, vines, and all other vegetation which die shall be promptly removed. If any lot owner shall fail to perform his/her obligations hereunder, the undersigned or their designee may cause the obligation to be performed and the owner of the lot shall be obligated to pay for the cost of such work. In the event native growth is removed or injured in violation hereof, the owner shall replace same.
11. Signs.
No billboards or advertising signs, or other advertising devices shall be erected, placed, permitted or maintained on any lot or improvement thereon, except as herein expressly permitted. 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 sale period shall be permitted.
12. Nuisances.
Except as provided in Paragraph 13 below, no cattle, swine, goats, poultry, fowl or any other livestock shall be kept on any lot. No clotheslines or drying yards shall be permitted unless concealed by hedges, lattice work, concealment walls, or screening approved by the undersigned or their designee. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon the premises and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. In the event that any owner of any property in the Subdivision shall fail or refuse to keep such premises free from weeds, underbrush, or refuse piles or other unsightly growths or objects, then the undersigned or their designee may enter upon such lands and remove the same at the expense of the owner and such entry shall not be deemed a trespass and in the event of such a removal a lien shall arise and be created in favor of the undersigned or their designee and against such lot for the full amount chargeable to such lot and such amount shall be due and payable within 30 days after the owner is billed therefore. No trash, ashes or other refuse may be thrown or dumped on any lot (whether vacant or not), street or right-of-way in the subdivision. No thing, substance, material or activity that will emit fowl or obnoxious odors, shall be allowed or kept upon any lot. Nor shall any thing, substance, material or activity be allowed or kept upon any lot that will cause any noise that will or might disturb the peace, quiet, comfort, or serenity of the occupants of surrounding property. Specifically prohibited, but without limitation thereto, is the keeping of any motor vehicle, including cars, trucks, and motorcycles, designed, intended or actually used for the off-road purposes of track racing, dirt-bike riding, motor-cross racing, or the like. This prohibition is specifically intended to prohibit dirt-bikes, race cars and trucks and loud motorcycles. This prohibition is not intended to prohibit factory standard on and off road four-wheel drive recreational vehicles. Furthermore, no boat, motor home or camper may be stored on any lot, street, or driveway.
13. Pets.
Dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for commercial purposes. In no event shall the number of household pets exceed two (2) of any species or three (3) all together. Pets shall not be allowed to roam free but shall be contained either inside the residence or in an outside enclosure approved by the undersigned or their designee. In no event shall pets be maintained in a garage unless approved by the undersigned or their designee, which approval may be revoked without notice.
14. Water Supply.
No individual water supply systems, including wells, shall be permitted.
15. Remedies for Violations-Invalidations.
For a violation or a breach of any of these Reservations and Restrictions by any person claiming by, through, or under the undersigned or their designee, or by virtue of any judicial proceedings, the undersigned or their designee, and the lot owners, or any of them individually or severally shall have the right to proceed at law or in equity to compel compliance with the terms hereof or to prevent by injunction the violation or breach of any of them. In addition to the foregoing right, the undersigned of the designee shall have the right, whenever there shall have been built on any lot any structure which is in violation of these restrictions, to enter upon the property where such violation of these Reservations and Restrictions exists and summarily abate or remove the same at the expense of the owner, and any such entry and abatement or removal shall not be deemed a trespass. The failure promptly to enforce any of the Reservations and Restrictions shall not bar their enforcement. The invalidation of any one or more of the Reservations and Restrictions by any Court of competent jurisdiction in no wise shall affect any of the other Reservations and Restrictions, but they shall remain in full force and effect. In the event that the undersigned or their designee incurs any expense in the prevention, abatement, or removal of any violation of these Reservations and Restrictions, and/or incurs any expense in connection with the enforcement, at law or in equity of compliance with these Reservations and Restrictions, such expense, including reasonable attorneys fees, shall be a lien in favor of the undersigned or their designee upon the subdivision lot containing the violation or breach.
16. Homeowner’s Association.
For the purpose of maintaining common areas, roads (other than roads maintained by the applicable governmental authority), every owner, in accepting a deed or contract for any lot in The Hills at Waterford Subdivision, agrees to and shall be a member of and be subject to the obligations, including the obligation to pay dues, and to abide by the duly enacted By Laws and Rules of The Hills at Waterford Subdivision Architectural Committee and Homeowner’s Association, a nonprofit corporation. The initial Homeowner’s Association fees shall be $300.00 annually subject to change upon approval of the Homeowner’s Association.
17. Effective Dates.
These restrictions shall be effective until February 25, 2020, and shall automatically be extended thereafter provided; however, that the owners of the majority of the square foot area of the lots in The Hills at Waterford Subdivision may, after February 25, 2020, and after a one year notice to all property owners therein, release any or all of the lots hereby restricted from any one or more of said restrictions, by executing and acknowledging an appropriate agreement or agreements in writing for such purpose, and filing the same for record in the Office of the Register of Deeds for Washington County, Tennessee, after February 25, 2020.
In witness whereof, the undersigned have executed this instrument on this the 12th day of January, 2006.
By: ______________________________________
RAYMOND P. FLYNN, Developer/Owner
By: ______________________________________
RAYMOND J. JONES, Developer/Owner
STATE OF TENNESSEEPRIVATE
COUNTY OF WASHINGTON
Personally appeared before me, the undersigned authority, a Notary Public in and for the State and County aforesaid, Raymond P. Flynn and Raymond J. Jones, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged the execution of the within instrument for the purposes therein contained.
WITNESS my hand, at office, this the 12th day of January, 2006.
_______________________________
NOTARY PUBLIC
My Commission Expires:
______________________
THE RESTRICTIONS ARE RECORDED AS OF JANUARY 12, 2006 AT 3:10 PM ON ROLL 481, IMAGE 1899 IN THE REGISTER’S OFFICE FOR WASHINGTON COUNTY, TENNESSEE.