Restrictions

Adams Run restrictions are outlined below:

RESTRICTIVE COVENANTS
ADAMS RUN

WHEREAS, the undersigned are the owners and developers of ADAMS RUN, SECTION II, being certain real property situated and located in the 6th Civil District of Rutherford County, Tennessee, as shown by survey and plat of record in Plat Book 26, Page 33, of the Register’s Office of Rutherford County, Tennessee, to which reference is hereby made for more complete details of description and location.

WHEREAS, it is the intention of the owners and developers of said property to place certain restrictions on the numbered lots as shown on said subdivision plat,

NOW, THEREFORE, for the mutual benefit of the present and future owners of the lots of said subdivision, we, the undersigned owners and developers hereby place the following restrictions, reservations, limitations, conditions and covenants on the numbered lots so as shown on said plat, which shall be binding on all present and future owners of such lots, to wit:

1. No lot may be used for any purpose except for the construction and maintenance of a residential building of traditional design. No such residential structure on any such lot shall be designed, constructed or used for more than one family.

2. No lot shall be resubdivided, but shall remain as shown on the recorded plat and not more than one residential building may be constructed or maintained on any one lot. A slight variance in the property lines may be made by adjacent owners, but not for the purpose of subdividing into more lots.

3. No junk yard or any type of salvage operation shall be permitted. No inoperable vehicles shall be permitted to be placed on any lot in said subdivision.

4. No noxious or offensive operations shall be conducted or maintained on any of the property and nothing shall be constructed, reconstructed or kept on any lot which may constitute an annoyance or nuisance to the neighborhood. No poultry of any kind or description shall be allowed or maintained on any lot at any time for any purposes. No animals or livestock of any kind shall be allowed or maintained on any lot except that dogs, cats or other household pets may be kept provided they are not kept for commercial purposes.

5. No mobile homes, trailers, detached garages, modular structures, preconstructed houses, manufactured homes, campers, or houseboats shall be erected or moved on any lot, provided, however, that a house trailer or field office may be used by builders or their sales representatives during construction of single-family residences on the lots of the said subdivision. Detached garages are allowed if the attached garage matches the exterior of the home.

6. No dwelling shall be constructed on any lot closer to either side lot line than permitted by the subdivision plat and shall in addition, be in full compliance with municipal and governmental zoning regulations; provided, however, unclosed porches either covered or uncovered, bay windows, steps, or terraces shall be permitted to extend across the setback lines.

7. On all lots except corner lots, no fence shall be permitted between the front building or setback line and the street; on all corner lots, no fence shall be permitted between either building or setback line and either street. Black chain link, wood, or vinyl privacy fences are allowed.

8. 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 lots is permitted, provided, such hedges, shrubbery or evergreens shall not be permitted to be in excess of forty-two (42) inches in height.

9. Any accessory building shall not exceed one story in height. It shall be on the rear quarter of the lot and not less than twelve and one-half (1/2) feet from any side or rear lot line, and in no case closer than the house is to the street; said accessory building shall be erected as one building. Any accessory building of a permanent type shall be constructed in design and material as would be compatible with the main residence and must have a solid foundation.

10. All setback lines shall comply with municipal and governmental regulations and ordinances.

11. Any attached garage may open to the front, side, or rear of the dwelling.

12. The minimum square feet of any single-story dwelling shall be 1,200 square feet of living area, with a two car attached garage with a minimum of 400 square feet excluding Lots 30, 65, and 66 which shall have a minimum square feet of 1,100 square feet of living area with a one car attached garage. The minimum square feet of any story and one-half, two story or dwelling with a bonus room shall be a minimum of 1,200 square feet of living area on the first floor plus a two car attached garage with a minimum of 400 square feet, with a total finished living area of 1,600 square feet. In determining the size of any dwelling, the measurements shall be outside measurements without any reduction for interior walls.

13. Slabs with brick fronts are permitted on dwellings or other buildings constructed on lot. Any exterior construction other than brick or vinyl must be approved by developer. The roof of any dwelling or other building constructed on any lot shall be a pitched roof with a vertical pitch of a least six (6) inches per foot. There shall be no flat roofs except over porches or patios and such flat roofs shall blend into and become a part of the roof of the main structure.

14. Any antenna or other device for the transmission or reception of television signals, radio signals or any form of electromagnetic radiation which may be erected on any lot shall be on the rear quarter of such lot.

15. No sign of any kind 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 or signs used by a builder to advertise the property during the construction and sales period.

16. The Developer of this subdivision, or its successors and assigns, reserve the right to enter upon any lot for the purpose of cutting grass and/or clearing up such lot, as the same may be reasonable required, charging any expenses incurred thereof to the owner of the lot and creating a lien on the lot.

17. All dwellings must have concrete or asphalt driveways upon completion of construction.

18. A perpetual easement is reserved on each lot five (5) feet in width, contiguous and parallel to each side and rear lot line for the construction and maintenance of utilities, such as drainage, electricity, gas or water main, sewage, etc. and no structure of any kind shall be erected or maintained upon or over said easement. This perpetual easement is in addition to any and all easements as shown upon the recorded plat.

19. Each owner of any lot in the development, or any other party having an interest in any portion of the development, or any other 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 restrictions contained herein, nor shall developers be subject to any liability of any kind or asserting that developers failed to enforce the same. 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.

20. 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 twenty (20) years from the date these covenants are recorded, and thereafter shall be automatically renewed for successive 10-year periods. These restrictions may be modified or amended in whole or in part only by the developer by an instrument in writing, until the developer sells all the lots in said subdivision; thereafter, the restrictions may be modified or amended by an instrument in writing signed by sixty percent (60%) of the owners of the lots, agreeing to modify or amend these restrictive covenants in whole or in part. No homeowners association may be formed until the developer has sold all its lots in the subdivision.

21. The right of enforcement in these restrictive covenants is specifically vested in the owners of each of the lots in this subdivision, the developers of said subdivision as herein set forth, and the appropriate governmental agencies. Any person, firm, governmental agency, or institution having the right at any time to enforce these restrictive covenants may prevent the violation of these restrictive covenants, and each of them, by the proper institution or an action at law or in equity for injunctive relief, including, but not limited to, monetary damages, and further, if an action is brought to enforce these restrictive covenants or to prevent the violation hereof, then the person, firm, or institution bringing said action shall be entitled to recover costs of any such suit, including, but not limited to attorney’s fees.