ewer reas $4 | BBS 7 Instrument: 2002011200130 a etal ers Hise Recording Fe $80:00 $82.00 deers Baker 16 contacts ‘ban Hurst, Regist Haniiton County Tennessee RESTRICTIONS FOR HAMILTON ON HUNTER SUBDIVISION, UNIT ELEVEN (11) ‘Lots 578 through 655 Structural Development, GP, a Tennessee general partnership (herein "Developer"), hereby declaring that it is the lawful owner in fee simple of all Lots of HAMILTON ON HUNTER SUBDIVISION, UNIT ELEVEN (11), as shown by plat of record in Plat Book 67, Page 86, in the Register's Office of Hamilton County, Tennessee, desiring to promote the development thereof as a residential subdivision, and for the proteetion of it, its successors in trust or assigns, and the protection of future owners of any one or more of said lots, does hereby impose upon all of said lots, the following Restrictive Covenants, which shall rua with the land, to-wit; 1. That said lots shall be devoted exclusively to residential uses, and that no building shall be erected or maintained in the subdivision other than single-family residences, without any out- buildings, (and with the express provisions that all residences shall have at least single car garages or carports, either attached thereto or integrated in or beneath a residence), other than private swimming pools, outdoor cooking places, etc., which are permissible. 2. That no part of any lot shall be used for residential purposes, until first a completed ‘welling house, conforming fully to the provisions of this instrument shall have been erected hereon, the intent of this Paragraph "2" being to prevent the use thereon, of a garage, incomplete structure, trailer, tent or other structure as living quarters before or after the erection of a permanent dwelling. trailer shall not, under any circumstances be considered as a permanent dwelling, and no trailer type of residence shall at any time be placed or maintained on the premises 3.(a) That within the period hereinafter stated, any dwelling of the following classifications erected upon all lots must meet the square foot livable floor area as set forth as to that respective Classification. The full basement dwelling and/or split foyer dwelling shall have at least Eleven Hundred (1100) square feet of livable floor space upstairs or on the upper level of said house or dwelling. Any split level dwelling shall have at least Eleven Hundred (1100) square feet of livable floor space on the Two (2) upper floors of said dwelling, Any tri-level dwelling shall contain at least fifteen Hundred (1500) square feet of livable floor area. The ranch style dwelling without basement shall contain at least Twelve Hundred (1200) feet of livable floor area. Any two-story dwelling must contain at least Fifteen hundred (1500) feet of livable floor space. All of the above mentioned livable areas are to be exclusive of open porches, garages, carports and basements, and the otal square foot area must exceed or equal the square feet mentioned in each of the above classifications as to that particular type dwelling, All plans of dwelling and specifications must be approved by Structural Development, GP, a Tennessee general partnership; said approval must be by written instrument prior to construction of dwelling, “LeFook and Page: GI 6121 675 3 (b). That a roof pitch must be a minimum of 7/12 unless otherwise approved by Structural Development, GP., a General Partnership. 4. That no more than One (1) dwelling shall be erected on any One (1) of said lots, and any building on the premises shall be neatly painted or stained, unless of brick or stone. There shall bbe no exposed conerete blocks, nor shall any asbestos siding be used in construction of a residence, and stucco finish shall be permissible only on the rear elevation of a residence. 5. That no building shali be located on any one of the said residential building plots nearer to the front line of the street bounding same than twenty-five (25) feet, or nearer that ten (10) feet to any side line or alley, or nearer than twenty (20) feet to any side street line. No structures, other than swimming pool, outdoor fireplace, etc., of approximate ground tevel construction, shall be located on the rear twenty-five (25) feet of any lot. For the purposes of this covenant; eaves, steps, and open porches shall not be considered as a part of the building, provided, however, this shall not be construed to permit any portion of the building on the lot to encroach upon another lot. No provision of this paragraph shall be construed to permit any structure to be constructed and erected upon any lot that does not conform to the zoning laws and regulations applicable thereto. 6. That no lot shall be re-subdivided without the written permission of Structural Development, GP, a Tennessee general partnership, who reserves unto itself the right to re- subdivide any or all lots so long as it meets subdivision regulations of Hamilton County. In cither event, the Restrictive Covenants contained in Paragraph "5" above, shall apply to only the outside boundary line of any building lot formed by such re-platting, or by the combination of two or more lots, or parts of lots. No part of lots may be used as access to any other property outside of this subdivision without written consent of Structural Development, GP, a Tennessee General Parinership, and consent must be recorded in the Register’s Office of Hamilton County, Tennessee, No easement for sewer, gas, water, telephone, electric power, of cable television may be granted without the approval of Structural Development, GP, a Tennessee General Partnership. 7. That no fowls, horses, mules, cattle, sheep or other like animals shall be kept of allowed to remain upon said premises, neither shall any sheep, goats, swine or any such animals belonging to the owners or occupants thereof be allowed to roam or run at large on the streets or alleys bounding said premises. No animal kennels of any typed will be allowed. 8 That before any dwelling on said premises shall be occupied, sewer connection approved by the constituted public authorities for sewage disposal shall be installed, all sewage from the premises shall be turned into such tine and the same shall be continuously maintained in proper state of sanitation; provided, that upon any approved system of sewers being installed for the use of the community on which said premises are located and upon proper connection of said premises therewith, said septic tank may be abandoned. 2Book and Page: GI 6121 676 9. That for the purpose of property improvement, as long as it retains record ownership in any lots in the subdivision, Structural Development, GP, a Tennessee general partnership reserves the right to grant waivers from these Restrictive Covenants. Said waiver must be in writing and recorded in the Register’s Office of Hamilton County, Tennessee. Any waiver executed by it would be conclusive proof that the waiver would not materially effect the purpose sought thereby, by the Developer. Other owners of lots in the subdivision shall not be entitled to bring suit to enforce the compliance of the original restrictions, where a waiver has been given by the Developer unless it is a violation of the restrictions as waived or modified. Nor is the ‘owner entitled to damages from the Developer for any waiver granted by it. 10. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon whieh may be or may become an annoyance or nuisance to the neighborhood. In particular, tractor trucks, mobile homes, inoperative or abandoned automobiles, and/or camping trailers shall not be frequently or habitually parked on a driveway located on any lot within the subdivision. Nor shall the owner of any lot in said subdivision park a tractor trailer truck, mobile home, inoperative or abandoned automobiles, and/or camping trailers in the street or driveways therein, or carry on any major repairs to said automobiles in driveway or streets in subdivision. 11, ‘That no fences shall be erected or maintained in front of the front line of the residence on a lot In the event that for any reason any one or more of the foregoing protective covenants and restrictions be construed by judgments or decree of any court or record to be invalid, such action shall in no way effect the other provisions, which shall remain in full force and effect, the Developer is hereby declaring that said restrictions are not interdependent but severable, and any one would have been adopted even with the others. Each and every one of the aforesaid covenants, conditions and reservations shall attached to and run with each and every one of the said lots of land and all titles to, and estates therein, shall be subject thereto the conditions in Paragraph "9" herein, and the same shall be binding upon each and every owner and occupant of the same for a period of thirty (30) years from the date thereof. It shall be lawful for Structural Development, GP, a Tennessee general partnership fr other person or persons owning 2 lot or lots in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or conditions and/or as modified by Structural Development, GP, a ‘Tennessee general partnership and either to prevent them from so doing or to recover damages or other dues for such violation, and court costs and reasonable attorney's fees shall constitute liquidated damagesBook and Page: GI 6121 677 ‘These Restrictive Covenants are applicable solely to the lots herein specified and set forth, and not to any other property in the area thereof. Structural Development, GP, a Tennessee general partnership By: ay Bell, ir., General Paftner STATE OF TENNESSEE COUNTY OF HAMILTON Before me, _‘Garcly Tolley of the state and county aforesaid, personally appeared JULIAN B. BELL, Jf. with whom I am personally acquainted (or proved to ‘me on the basis of satisfactory evidence), and who upon oath, acknowledged himself to be the General Partner authorized to execute the instrument of the STRUCTURAL DEVELOPMENT, GP, a Tennessee general partnership, the within named bargainor, and that he as such General Partner executed the foregoing instrument for the purpose therein contained, by signing the name of the Partnership by himself as General Partner. % WITNESS my hand and seal, at office in Chattanooga, Tennessee, this _\(a day of January, 2002. wagging (pc ea k My Commission Expires: 25-03 Prepared by Structural Development GP 414 Spring Street Chattanooga, Tn 37405LAG en To oausn ih waa AVE RATIAOSA TH lisraseoce rssh Bb e° ie aeons AE hin PRES FEE fea whe eer HbA reudentery eat we HAMILTON ON HONTER PHASE STATEREactt pu Wrst, ister RESTRICTIVE CO\ italy, Temeace Bell Development Company, Inc., a Tennessee corporation, and Structural Development, G.P., a Tennessee general partnerehip, Successor to Structural Development, LLC, “fatherson Partnership, a Tennessee general partnership, and Fatherson Partnershio tee a Tennessee general partnership, as owners and developers of the subdivision known 85 Hamilton’on wunter Subdivision: ieposed gertain covenants and restrictions on Lots for Hamiiton on aunter Subdivision, by instrument of record in Book 6221, Page 674. in the Register’s Office of Hamilton County, ‘Tennessee Now, therefore, in consideration of the premises and other good and valuable consideration, Bell Development Company, Inc., "2° Tennessee corporation, Structural Development, GP. a Tenaessee general partnership, Fatherson Partnership, a'Tennedsee geacral Partnership, and Fatherson Partnership Two, a Tennessee Seuecal partnership, as owners and developers, do hereby impose and Charge those Covenants and Restrictions recorded in Seok e121, Page 674, in the Register’s Office of Hamilton County, Tennessee, ypon each and all of the uote shown ag Lots 1179 - 1247, 2491, 2948 ~ 1316, and 1327-1331 of Phase Sixteen, fiamiiton on Hunter: ion, as shown on plat of record in Plat Book 91, Page 224, in the Register’s Office of Hamilton County, Tennessee. and Bots 1154 - 1178, 1332 - 1340, and 1374 - 197a of Phase Sixteen, Hamilton on Hunter Subdivision, as shown on plat of record in Plat Book 91, Page 125, in the Register’s Office of Hamilton county, Tennessee. in Witness whereof, Bell Development Company, mnc., a Tennessee corporation, Structural Development, G.P., a Tennessee general partnership, Patherson Partnership, a Tennessee general: Partnership, and Fatherson Partnership Two, a Telnessee general Bartnership, have caused this instrument to be executed Ly their Fespestiye duly suthorized officer and General Partners oA this the _@# aay of February, 2009. BELU DEVELOPMENT COMPANY, INC., a ‘Tennessee corporation By i, B. Bell, dr., Peesident STRUCTURAL DEVELOPMENT, G.P., a Tennessee general partnership Kiet Se-, Generat FATHERSON PARTNERSHIP, a Tennessee general partners! P fis B. Bell, d¢., deneral — FATHERSON PARTNERSEIP TWO, a Tennessee general partnership 3 walt eh — rey Cendeat PadBook ané Page: GI G82 Et STATE OF TENNESSEE Couvry OF HAMILTON Before me, Wi sitaua OQ hore | Of the state and county aforeaaid, personally appeared Julian 6. Selly ge. with whom Zam personally acquainted (or proved to me on the basis of satisfactory evidence), and who upon oath, acknowledged himself to be president (or other officer) authorized to execsee the instrument of the Bell Development Company. ine, the within named bargainor, a corporation, and that he as such President, executed the foregoing instrument for the purpose cherein contained, by signing the name of the corporation by hinself as President WrTWESS my hand gnd seal, at office in chattanooga, Tennessee, this @@ “aay of February, 2009. Wo Ti My Commission expires: "32-09" STATS OF TENNESSEE COUNTY OF HAMILTON Before me, nigreey (I Tine _ of the State and County aforesala, personally appeared Julian B. geil, Ur. with whom I'am personally acquainted (or proved to me on the basis of satisfactory evidence), and who upon oath acknowledged himself to be General Partner of Structural Development, GP. the within named partnership, being authorized so to do, executed the foregoing instrument for'the purpose therein contained, by gning the name of the partnership by himself as General Partner. weowggg ry hand and seal at office in chattanooga, Tennessee this ‘day of February, 2003, fo My Commission Spires: Las-ofF Rotary, STATS OF TENNESSEE COUNTY OF HAMILTON Betore ne, Lune Tare of the state ane elnty ae OO A Tit rae og Jr. with whom I am personally acquainted (or proved co me on the basis of satisfactory evidence), ana who upon oath acknowledged himself to be General Partner of Fathersoa Partnership. the within named partnership, being authorized so to do, executed the foregoing instrument for'the purpose therein contained, by signing the name of the partnership by hinself as Gen Partner. wTTwasg py hand and seal at office in Chattanooga, Tennessee this Gf ®" “aay of February, 2009. sy Wotary Public My Comission expires: Y*I}-ogBook ang Pages GI aas2 922 STATE OF TENNESSEE COUNTY OF HANELTON Betore me, __(p/hupaeee 0 Jae’ of the State and County aforesaid, personally appeared Julian B. Beli, de. with whom I am personally acquainted (or proved to me on the basis of satistactory evidence), and who upon oath acknowledged Binse1f to be General Partner of Fatherson Partnership two, the within named partnership, being authorized so to do, executed the foregoing instrument for’ the purpose therein contained, by signing the name of the partnership by himself as General Partner. WITWESS py hand and seal at office in Chattanooga, Tennessee this Z day of February, 2009nem ET Ae eetunw beat AMENDMENT TO RESTRICTIVE COVENANTS FOR HAMILTON ON HUNTER, PHASE 16 Bell Development Company, Inc., a Tennessee corporation, Structural Development, Ce ra Tennessee general partnership, Fatherson Partnership, a Tenmessoe gene) Partnership, sHevelossot Partnership Two, a Tennessee general partnership (collectively herein Developer"), hereby declaring that itis or has been the lawful owner an too simple of Lots in Lamia on Hunter Subdivision, Phase 16, as showm by plas of recordin Plat Hs, 91, Page Ora Pat Book 91, Page 125, as well as any other recorded plats thereof, in the Register's Peace of Hamilton County, Tennessee (the “Subdivision"), desiring to promeie the development thereof as a residential subdivision, and for the protection of i, is successors or assigns, and the edie tutte Owners of any one or more of said lots, did impose upon all lone ie Book Ginn Hose certain Restrictive Covenants for Hamilton on Hunter Subdivision resorted in Reckter Ontee O74; a8 imposed by instrument recorded in Book 8852, Page 990, inte Register's Office of Hamilton County, Tennessee, and in furtherance therest. docs hereby impose pon all of said lots, the following Restrictive Covenants, which shall ron with tne lanl to-wit, Heakking Act of 2004 (Tenn. Code Ann. Sec. 40-39-201, et seq) or any other sation federal, state or local legislation shall be permitted to: () hold a interest, including {4 without limitation a fee simple or leaschold interest, in ony Lot or residence in the % Subdivision; Gi) reside within the Subdivision; or (ii) utilize or enter upon the roadways 8 y Drei gLOts inthe Subdivision, Without limiting any other sight or remedy availsole e. QQ. Beveloper or the eter owners ine Seka bet Withstanding anything herein to Othe contrary, Developer and/or the other owners in the Subdivision shall have thee right to © fmimediately seek any and all remedies available at law or in equity, including wthneg {imitation injunctive relief and rescission, in cases of a violation of this Restewee 2 determination thatthe person so applying, ia Developer's judgment, no longer sear uses 4 danger to the community based upon the facts and circumstances existing at Sai time. This Restrictive Covenant shall not be utilized at any time by the Develores or ther owners in the Subdivision to discriminate against a purchase or lease of a Lot Auilor residence on the basis of race, sex, national origin, ethnic origin or familiot satus Siow timing any other rights or protections afforded herein, the Developer or any cther owners in the Subdivision with regard to the enforcement ofthe restristive covenant sf herein sal be persouly nse fo gen eee "EES PPO. cy Reeaiabiars ee! Ee. 128 earaeste ee an Hurst, Ragister Hamilton County, TemesETT 8I 9070 403 Book and Pagi dasasee SU0H Violation, and court costs and reasonable atomney's fess shall earn liquidated damages. In witness whereof, Developer has caused | shis instrument to be executed by its duly ‘authorized Officer or General Partner this Y! day of December, 2009 Bell Development Company, Inc., a Tennessee general partnership By:_ Toy = ‘Structural Development, G. -» a Tennessee general Partership By: sag ae Chef Nase 7 Title: Genetal Partner Fatherson Partnership, a Tennessee general partnership By:__\Z ee Name SK z re Title: General Partner Fatherson Partnership Two, a Tennessee general partnership By.__ een cw —— Namez Bos — Title: General Pariner @STATE OF TENNESSEE Book and Pager GI 9070 404 COUNTY OF HAMILTON Before me, _te/imnuran | Sue + of the state and county aforesaid, personally appeared Say. Bair with whom Iam Personally acquainted (or proved to me on the basis of sallsfactory evidence), and who upon cath, acknowledged himself to be _ (or other officer) authorized to Execute the instrument of the Bell Development Company, Tne., the within named butgainor, a Giiporation, and that he as such _ Wicd Mlletn] {47 executed the foregoing instrument for the purpose then contained, by signing the name of the comporation by himsell as het bw pa. WITNESS my hand and seal, at office in Chaitanooge, Tennessee this _{ ft day of December, 2009, ttle, Nol ees Ne, Sen My Commission Expires:__- )-ge 3, = STATE OF TENNESSEE 3 COUNTY OF HAMILTON Before me, ivsputan 0 Dis et of the state and county afores: personally appeared ay ve ‘with whom I am personally acquainted {cr Proved to me on the basis of satisfactory evidence), and who upon oath, acknowledged himself to be the General Partner authorized to execute the instrument of the Structural, Development, G.P., the within named bargainor, a general partnership, and that he as such Geter! Partner executed the foregoing instrument forthe purpose therein contained, by signing the name of the Partnership by himself as General Partner, WITNESS my hand and seal, at office in Chattanooga, Tennessee, this __ 24 day of December, 2009, iti ety, Notary Publi’ SHO LO, Sone NS My Commission Expites:__Y~7 gol} Sf MOF ce @Book and Pages 61 9070 405 STATE OF TENNESSEE COUNTY OF HAMILTON Before me, nae Ties ____, of the state and county aforesaid, personally appeared Fee with Whom I am personally acquainted (cr proved to me on the basis of satisfactory evidence), and who upon oath, acknowledged himself to be the General Partner authorized to execute the instrument of the Fatherson Partnership, the within named bargainor, a general partnership, and that he as such General Partner exccuted the foregoing instrument for the purpose therein contained, by signing the name of the Partnership by himself as General Partner. WITNESS my hand and seal, at office in Chattanooga, Tennessee, this Yt _ day of December, 2009. swith, wp. Joven, Os ONE Noiary Bablic = 8%, hte See, My Commission Expires:__¥-7- 90/3. STATE OF TENNESSEE COUNTY OF HAMILTON Before me, Cy , of the state and county aforesaid, personally appeared at with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who upon oath, acknowledged himself to be the General Partner authorized to execute the instrument of the Fatherson Partnership Two, the within named bargainor, a general partnership, and that he as such General Partner executed the foregoing instrument for the purpose therein contained, by signing the name of the Partnership by himself as General Partner. WITNESS my tnd and sl fein Chatanoopa, Terese, this Ge day of December, 2009. — Ait Notary Public My Commission Expires: _ 97-9013 Prepared by: Fatherson Partnership Two 414 Spring Street Chattanooga, Tn 37405 oy