SUMMARY OF DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR CANEY CREEK CONDOMINIUMS
1. Other Buildings or Distractions: No building, such as a storage building, playhouse, greenhouse or dog house, or other structure such as an outdoor fireplace, barbecue pit, swimming pool installation, dog pen or any other structure of any kind which extends more than two feet above the ground, which is attached or detached from the residential building located or to be located on the Lot, shall be erected or allowed to remain on any part of the Property or land contiguous to the Property. Owners may install birdhouses, attractive in appearance and reasonable in number, on his or her Lot or contiguous land (if allowed by the owner of said contiguous land).
2. Prohibited
Objects: The following
shall not be allowed on the Lot or the contiguous TVA right of way, unless
wholly within the main residence or wholly within a garage or screened porch, if
available, otherwise, not allowed at all: above-ground storage of construction
materials, wood, coal, oil and other fuels, clothes racks and clotheslines,
clothes washing and drying equipment, garbage and trash cans and receptacles and
any other structures or objects determined by the Association to be of an
unsightly nature or appearance.
3. Vehicles on Property:
No wheeled vehicle or
any kind, including campers, boats or boat trailers, dump trucks, school buses,
large trucks, etc., may be kept or parked at any location on any Lot unless the
same is completely inside a garage, except that a Co-owner’s private
automobile, or their guest’s automobile, bearing no commercial signs, may be
parked in the Co-owner’s driveway. Such
vehicles described in the preceding sentence are also prohibited on any land
contiguous to the Property. Commercial
vehicles may be parked in a Co-owner’s driveway during the times necessary for
pickup and delivery service, or maintenance in a
Co-owner’s home. Any
automobile, belonging to a Co-owner, parked in a driveway must be moved under
its own power at least once a week. No
mechanically disabled vehicles, wrecked vehicles, vehicles with flat tires or on
jacks, shall be parked on a driveway except for temporary repair that can be
completed in a normal eight-hour day. Any
restoration or repairs of vehicles are to be done inside garages with the garage
door closed. No vehicles for sale
shall have a “For Sale” sign on said vehicle anywhere on the Property.
7. Driveways: Driveways must be kept clear at all times of objects other than vehicles allowed in paragraph 6 above.
8. Limit on Number of Vehicles and Speed Limit:
(a) Owners are limited to two (2) vehicles on the Property. No parking is allowed on the street. Common overflow parking areas may be used only for occasional overflow parking. No parking on lawns or on grass is permitted. If an owner’s driveway is occupied, Owners should encourage their guests to park in the nearest common overflow parking area to allow maximum access to the Property by fire and other emergency vehicles. For the purpose of this section, an owner’s guest is defined as one or more persons that are visiting the Co-owner for no more than fourteen (14) days. Such persons that bring vehicles with them for a visit of more than fourteen (14) days consecutive days are not allowed to use the common overflow parking area for parking.
(b) The speed limit on all streets on the Property is 25 mph.
7. Contiguous Land. All vehicles, objects, structures, animals, buildings, etc, whatsoever, prohibited on the Property by any paragraph in this Article VI, are likewise prohibited on any land contiguous to the Property, specifically the TVA right of way north and east of the Property, the Roane State Community College land south of the Property and the health care center land west of the property. Such land is not to be used to store, construct, trash and park items that would otherwise be prohibited on the Property. In addition, no dumping of any trash, garbage or liquids whatsoever shall be allowed into the Caney Creek waterway or on the waterbed during times that the water is a lowered elevation.
8. Mail Boxes: No mail box or paper box or other receptacle of any kind for use in the delivery of mail or newspapers or magazines or similar material shall be erected or located on any Lot unless and until the size, location, design and type of material for said boxes or receptacles shall have been approved by the Association.
9. Garage Doors: Garage doors must be kept completely closed all the way down to the driveway except during times of ingress and egress to and from the garage or temporary garage cleaning.
10. Garage and Yard Sales: Because of the design of the roadway on the Property resulting in turn-around constraints, and to allow maximum access to the Property by fire and other emergency vehicles, no garage or yard sales are allowed.
11. Trash Containers: All trash containers must be kept inside garages and out of sight except on pick-up days, and trash containers must be of accepted type being a dark plastic-type container with matching lid. No bright colored cans or aluminum cans will be allowed for pick-up use. Removal of emptied containers must be as soon after pick-up as reasonably possible, and if a Co-owner is to be away from his or her residence after the trash pick-up for more than 24 hours, such Co-owner should make arrangements with a neighbor to return the trash container to a garage area out of sight.
12. Animals: No horses, mules, ponies, donkeys, burros, cattle, sheep, goats, wine, rodents, reptiles, pigeons, pheasants, game birds, game fowl, or poultry or guineas, or any other animals except as permitted by this paragraph, shall be kept, permitted, raised or maintained by any person on any Lot or within any building on said Lot, or on any land contiguous to the Property. Not more than two pets, either dogs or cats, and not more than two birds (excluding parrots) may be kept on a single Lot or within the residence thereon, for the pleasure and use of the Owners but not for any commercial or breeding use or purpose, provided, however, that any such dog kept by an owner shall not weigh over twenty-five (25) pounds. Any dog kept by an owner shall not be permitted outside of the owner’s fenced area without being on a leash, nor shall any such dog be allowed to bark for more than five (5) minutes, whether inside the residence or outside of the residence. Any person walking a pet must clean up any fecal matter left by such pet on any area, (including the pet Co-owner’s lot), or any other part of the Property. Any cat kept by a Co-owner shall likewise not be allowed outside of the Co-owner’s fenced in area, unless on a leash, and such cat shall not be allowed outside to roam and hunt, nor disturb neighbors with loud cat sounds, keeping in mind that neighbors may desire to cultivate wild birds to nest on or near their Lots, and cats are very destructive of such nests if they are allowed outside to roam. If any of such permitted animals or birds shall, in the opinion of the Association, become dangerous or any annoyance or nuisance in the neighborhood or nearby land or destructive of wild life, either on the Property or on contiguous land, they may not thereafter be kept on the Property.
13. Offensive Noises: Co-owners and all persons on a Co-owner’s Lot or elsewhere on the Property are prohibited from causing offensive noises from a Co-owner’s residence or from the use of any vehicles, radios, amplifiers, boom boxes, or other instruments. For the purpose of this section an “offensive noise” is a noise or vibration caused by a Co-owners, a Co-owner’s family, guests, delegates or pets, that can be heard of felt through the wall from another residence, or such noise heard on the outside or a residence from any location or source that is annoying and disturbing to a reasonable person.
IN WITNESS WHEREOF, the said Caney Creek Limited Partnership, has hereunto set its hands on this ____ day of March, 2003.
By: Pinnacle Management Company, Inc.
General Partner
______________________________
President
STATE OF TENNESSEE
COUNTY OF KNOX
Before me the undersigned, a Notary Public in and for the Sate and County
aforesaid, personally appeared Richard E. Rudesill, with whom I am personally
acquainted, and who, upon oath, acknowledged himself to be the President of
Pinnacle Management Company, Inc., General Partner of Caney Creek Limited
Partnership, and that he as such President being authorized so to do, executed the
foregoing instrument for the purpose therein contained, by signing the name of
the corporation by himself as President.
Witness my hand and seal, at office in Knoxville, this ___ day of March, 2003.
_______________________________
NOTARY PUBLIC
My Commission Expires : ___________________
Note:
The full text of the entire document covering the restrictions, conditions and
covenants over the condominium project are recorded in the Register of Deeds
Office, Roane County, in Deed Book DM22, Pages 178-197.
This
Instrument Prepared by:
Pinnacle
Management Company, Inc.
Box
22235
Knoxville,
TN 37933
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
CANEY CREEK
CONDOMINIUMS
THIS DECLARATION, to be effective on the date hereafter written, by Caney Creek Limited Partnership, a Tennessee limited partnership (hereinafter referred to as (“Declarant”).
THAT, WHEREAS, Declarant is the owner of a certain 1.58 acre, more or less, tract of land situate within the city limits of Harriman, Roane County, Tennessee (said property is commonly referred to as the" Caney Creek Condominiums”), more particularly described on Exhibit A attached hereto and incorporated by reference herein, and the buildings, all improvements and structures thereon and all easements, rights and appurtenances now or hereafter belonging to such land, (the “Property”) and as shown on a plat of record in Plat Cabinet B, Slide 190 (1), in the Register’s Office of Roane County, Tennessee (collectively the “Plat”).
NOW, THEREFORE,
in compliance with The Tennessee
Horizontal Property Act, contained in TCA
66-27-101 et. seq., Declarant hereby declares that all of the Property
shown on the Plat shall be held, sold and conveyed subject to the following
easements, restrictions, covenants and conditions, which are for the purpose of
protecting the value and desirability of and which shall run with the Property
and be binding upon all parties having any right, title or interest in or to
said Property or any portion thereto, their heirs, executors, administrators,
legal representatives, successors and assigns, and which shall inure to the
benefit of each Co-owner thereof. Said
easements, restrictions, covenants and conditions shall run with the title to
said Property, and the grantee of any deed conveying any Lot shown on the Plat
or any parts or portions thereof shall be deemed by the acceptance of such deed
to have agreed to all such covenants and restrictions, and to have covenanted to
observe, comply with and be bound by all such easements, restrictions, covenants
and conditions.
Section 1. “Association” shall mean and refer to Caney Creek Homeowners Association, Inc., a Tennessee non-profit corporation, its successors and assigns. Copies of the Charter of Incorporation of Caney Creek Homeowners Association, Inc., and its by-laws are attached hereto as Exhibits B and C, respectively.
Section 2. “Board of Directors” shall mean and refer to the board of directors of the Association.
Section 3. “Common Areas” shall mean all parts of the Property (other than the Lots to be owned by individual Co-owners) maintained by the Association, including passageways to adjacent TVA land, streets and overflow parking spaces as shown on the Plat. Declarant shall transfer to the Association good and marketable title to the Common Areas by Warrant Deed, free and clear of all liens, prior to the closing of the sale of the first Lot.
Section 4. “Common Expenses” shall mean any reasonable costs incurred by the Association in the upkeep and for the protection of the Property.
Section 5. “Developer” shall mean the original owner of the Property, Caney Creek Limited Partnership, or its successors or assigns. The “Development Period” is defined as from the effective date of this Declaration and ending on January 1, 2005.
Section 6. “Lot” shall mean and refer to any numbered plot of land, with improvements thereon, shown on any recorded subdivision map of the Property.
Section 7. “Member” shall mean and refer to every person or entity that holds a membership in the Association.
Section 8.
“Co-owner” shall mean and
refer to the record Co-owner (other than Declarant), whether one or more persons
or entities, of a fee simple title to any Lot which is a part of the Property,
but excluding those persons or entities having such interest merely as
collateral security for the payment of a debt or for the performance of an
obligation.
Section 1. Members’ Easements of Enjoyment. Every member of the Association shall, as a Co-owner of one or more Lots, have a right and non-exclusive easement of use and enjoyment in and to the Common Area. Such right and easement shall be appurtenant to and shall pass with the title to every Lot subject to the following limitations:
(a) The right of the Association to limit the number of guests and to adopt Association rules regulating the use and enjoyment of the Common Area.
(b) The right of the Association to suspend the voting rights and right to use of the Common Area by a member (i) for any period during which any assessment against such member’s Lot remains delinquent, and (ii) for a period not to exceed thirty (30) days after notice and hearing as may be provided for in the by-laws for any infraction of the Association rules.
(c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for the purpose of providing utilities and similar or related purposes. No such dedication or transfer shall be effective unless an instrument has been approved by two-thirds (2/3rds) of the votes of the entire active membership, or, if during the period of Declarant’s development period any such dedication or transfer shall be effective upon the approval in writing by the Declarant.
Section 2. Delegation of Use. The Co-owner of any Lot may delegate to any occupant of such Lot the right to the use and enjoyment of the Lot and Common Area and any privilege appurtenant to such Lot and Common Area enjoyed by the Co-owner.
Section 3. Contiguous Land Use. Because of the close proximity to the Property, the use of contiguous land to the Property and the use of water forming Caney Creek by any Co-owner or anyone in a Co-owner s household, or a Co-owner’s guest, invitee or delegate, or anyone in such delegate’s household or a delegate’s guest or invitee, shall be subject to and at all times governed by the Association rules in regard to the use of such contiguous land to the Property and aforesaid creek water as such rules are in effect from time to time.
Section 1. Perpetual Easement to Developer. The Developer, for itself and its successors and assigns, hereby reserves and is given a perpetual, alienable, and reasonable easement, privilege and right on, over and under the ground, from Patton Lane into and through the entire Property, to build, install, erect, maintain and use at any time: electric, telephone and TV poles, wires, cables, and conduits; water mains, lines or meters; gas mains, lines or meters; drainage lines or drainage ditches; sewers and other suitable equipment for drainage and sewage disposal purposes and streets and curbs and overflow parking spaces for common use., or over and under all of the aforesaid that is originally installed or constructed by the Developer or installed or constructed at a later date as may be necessitated for the best interest of a Lot Co-owner or Co-owners, (in the Developer’s or its successor’s or assign’s sole discretion as being necessary and useful). Notwithstanding that any such easement that extends over, under or through a Co-owner’s lot and/or structure is for the purpose of repair and maintenance for the benefit and protection of all of the Co-owners of the Property, the expense of any such repair and maintenance of any utility located on the Co-owner’s side of the meter for such utility that requires repair and maintenance; or in the case of a sewage line, on the Co-owner’s side of any main common sewage line, shall be born by said individual Co-owner.
Section 3. Lien for Assessments. To secure payment of all general and special assessments and maintenance expenditures provided for in this Declaration, the Association shall have a lien on each Lot and the improvements now or hereafter located thereon, which lien shall bind the Co-Owner of the Lot and his successors and assigns, to pay such assessments and expenditures, which lien shall encumber the Lot until the same are paid.
Section 4. Foreclosure. Regardless of whether a notice of such lien has been recorded, the lien for assessments or other judgments against a Co-owner inuring to the benefit of the Association, when delinquent, may be enforced by sale by the Association, its attorney, or other person authorized to make the sale, after failure by the Co-owner to pay such assessment within thirty (30) days, such sale to be conducted in accordance with the provisions of Tennessee law applicable to the exercise of powers of sale in mortgage and deeds of trust, or in any other manner permitted by law. The duly elected president of the Association shall have the right and authority to transfer any lot so sold at foreclosure to the highest and best bidder or other duly qualified transferee by executing a special warranty deed for that purpose. The Association, acting on behalf of the Co-owners, shall have the power to bid for the lot at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. Suit to recover a money judgment for unpaid assessments, common expenses, attorney’s fees, and other costs shall be maintainable without foreclosing or waiving the lien securing the same. The board may suspend the voting rights and the right to use the Common Areas of a Co-owner who is in default in payment of any assessment or judgment held by the Association against such Co-owner.
Section 5 Notice to Mortgage. The mortgagee of any lot shall be notified of any default by the Co-owner of such lot with respect to non-payment of such Co-owner’s assessment or any other charge or judgment which might constitute a lien against the lot which default remains unpaid for a period of thirty (30) days.
Section 1. Hazard and Flood Insurance. Each Co-owner shall obtain, and maintain in effect, fire and appropriate extended casualty insurance coverage and other appropriate damage and physical loss insurance, all in an amount equal to the then current full replacement value of each Lot owned by such Co-owner, which insurance shall be subject to such additional requirements as may be established from time to time by the Association. Liability insurance covering claims of others from injuries or death on the Lot of the Co-owner and claims for damage to other Lots as a result of the negligence of the insured Co-owner, as defined in said Co-owner’s policy, must also be maintained by all Co-owners in a minimum amount of Three Hundred Thousand ($300,000) dollars. Flood insurance is highly recommended but not required. The association may enter into additional insurance for the benefit of Association or others covering portions or all of the Property as it deems necessary, such insurance cost to be a common expense.
Section 2. Obligation to Repair and Restore.
(b) If the proceeds of the insurance are insufficient to pay for the cost of repair, restoration, or replacement of a Lot, the Co-owner of such Lot shall be responsible for the payment of any such deficiency necessary to complete the repair, restoration or replacement.
Section 3. Association Rights. If any Co-owner fails to obtain the insurance required in this Article, or fails to pay the premiums therefor when and as required or fails to otherwise perform the obligations of a Co-owner under this Article, the Association may (but shall not be obligated to) obtain such insurance, make such payments for any such Co-Owner and/or perform such obligations, and add the cost of such payments or performance, as a special assessment, to the general assessment of such Co-owner.
Section 1. General Rules of Law to Apply: Each wall or fence which is built as a part of the original construction of any dwelling or other improvement on the dividing line between any Lot shall constitute a party wall under Tennessee Law, and to the extent not inconsistent with the provisions of the Article IV, the general rules of law regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall apply thereto. The owner of contiguous Lots who have a party wall or party fence shall both have the right to use such wall or fence, provided that such use by one Co-owner does not interfere with the use and enjoyment of the same by the other Co-owner.
Section 2. Cost of Repair and Maintenance: The cost of reasonable repair and maintenance of a party wall or party fence, not covered for any reason by contribution of the Association, shall be shared by the Co-owners who make use of the wall or fence in proportion to such use.
Section 3. Structural Integrity: There shall be no impairment of the structural integrity of any party wall or party fence without the prior written consent of the Association and the first mortgagee of each Co-owner, if such mortgagee exists
Section 1. Members. Every Co-owner shall be a Member of the Association, which membership shall be appurtenant to and may not be separated from the ownership of any Lot.
Section 2. Voting & Meetings. The by-laws of the Association control voting rights of members and meetings of members. Said by-laws are contained in Exhibit C attached to this Declaration, and the same are incorporated herein as part of this Declaration.
For the purposes of further insuring the development of the Property as a residential area of highest quality and standards, and in order that all improvements and other objects on each Lot shall present an attractive and pleasing appearance from all sides and from all points of view, and that all Co-owners may enjoy the Property in a peaceful, safe and secure manner, the following specific easements, restrictions, covenants and conditions shall apply to the Property, subject to amendment by the Association, and provided, further, that such specific easements, restrictions, covenants and conditions are not exclusive of other such restrictive matters that may be imposed by other sections of this Declaration or by rules and regulations approved in a lawful manner by the Association as allowed by the by-laws of the Association, to wit:
1. Use of Property: No building at any time situated on any Lot, nor any part of the Lot or any part of the Property, shall be used for any business, commercial, amusement, professional office, day care, manufacturing or religious purpose.
2. Other Buildings or Distractions: No building, such as a storage building, playhouse, greenhouse or dog house, or other structure such as an outdoor fireplace, barbecue pit, swimming pool installation, dog pen or any other structure of any kind which extends more than two feet above the ground, which is attached or detached from the residential building located or to be located on the Lot, shall be erected or allowed to remain on any part of the Property or land contiguous to the Property. Co-owners may install birdhouses, attractive in appearance and reasonable in number, on his or her Lot or contiguous land (if allowed by the owner of said contiguous land).
3 Prohibited Objects: The following shall not be allowed on the Lot or the contiguous TVA right of way, unless wholly within the main residence or wholly within a garage or screened porch, if available, otherwise, not allowed at all: above-ground storage of construction materials, wood, coal, oil and other fuels, clothes racks and clotheslines, clothes washing and drying equipment, garbage and trash cans and receptacles and any other structures or objects determined by the Association to be of an unsightly nature or appearance.
3. Party Fences: No additional fence, wall or any type or kind of permanent structure and no hedge or planting other than grass shall be erected, allowed or placed along any Lot’s party fence. The original landscaping along the party fence on the Lots of each residence shall not be disturbed by the Lot Co-owner, except for normal trimming and maintenance. Additional shrubs and flowers may be installed by the Lot Co-owner in at any location on the Lot so long as the same are attractive and maintained in good taste as to not be unsightly and out of character on the Property.
4. Addition and Changes to Lot: No residence or other building, and no fence, wall, driveway, swimming pool or other structure or improvement, whether attached to or detached from the main residence, other than the original construction by the Developer of the Property, shall be commenced, made, placed, erected or allowed to remain on any Lot, nor shall any addition to or exterior change or alteration thereto be made to the main residence, unless and until building plans and specifications covering the same, showing the nature, kind, shape, height, size, materials, floor plans, exterior color schemes with paint samples, location and orientation on the Lot, and such other information as the Association shall require, including if so required, plans for landscaping, have been submitted to and approved in writing by the Association.
6. Vehicles on Property: No wheeled vehicles of any kind, including campers, boats or boat trailers, dump trucks, school buses, large trucks, etc., may be kept or parked at any location on any Lot unless the same is completely inside a garage, except that a Co-owner’s private automobile, or their guest’s automobile, bearing no commercial signs, may be parked in the Co-owner’s driveway. Such vehicles described in the preceding sentence are also prohibited on any land contiguous to the Property. Commercial vehicles may be parked in a Co-owner’s driveway during the times necessary for pickup and delivery service, or maintenance in a Co-owner’s home. Any automobile, belonging to a Co-owner, parked in a driveway must be moved under its own power at least once a week. No mechanically disabled vehicles, wrecked vehicles, vehicles with flat tires or on jacks, shall be parked on a driveway except for temporary repair that can be completed in a normal eight-hour day. Any restoration or repairs of vehicles are to be done inside garages with the garage door closed. No vehicles for sale shall have a “For Sale” sign on said vehicle anywhere on the Property.
7. Driveways: Driveways must be kept clear at all times of objects other than vehicles allowed in paragraph 6 above.
8. Limit on Number of Vehicles and Speed Limit:
(a) Co-owners are limited to two (2) vehicles on the Property. No parking is allowed on the street. Common overflow parking areas may be used only for occasional overflow parking. No parking on lawns or on grass is permitted. If a Co-owner’s driveway is occupied, Co-owners should encourage their guests to park in the nearest common overflow parking area to allow maximum access to the Property by fire and other emergency vehicles. For the purpose of this section, a Co-owner’s guest is defined as one or more persons that are visiting the Co-owner for no more than fourteen (14) days. Such persons that bring vehicles with them for a visit of more than fourteen (14) days consecutive days are not allowed to use the common overflow parking area for parking.
(b) The speed limit on all streets on the Property is 25 mph.
9. Contiguous Land. All vehicles, objects, structures, animals, buildings, etc, whatsoever, prohibited on the Property by any paragraph in this Article VI, are likewise prohibited on any land contiguous to the Property, specifically the TVA right of way north and east of the Property, the Roane State Community College land south of the Property and the health care center land west of the property. Such land is not to be used to store, construct, trash and park items that would otherwise be prohibited on the Property. In addition, no dumping of any trash, garbage or liquids whatsoever shall be allowed into the Caney Creek waterway or on the waterbed during times that the water is a lowered elevation.
10. Mail Boxes: No mail box or paper box or other receptacle of any kind for use in he delivery of mail or newspapers or magazines or similar material shall be erected or located on any Lot unless and until the size, location, design and type of material for said boxes or receptacles shall have been approved by the Association.
11. Garage Doors: Garage doors must be kept completely closed all the way down to the driveway except during times of ingress and egress to and from the garage or temporary garage cleaning.
12. Garage and Yard Sales: Because of the design of the roadway on the Property resulting in turn-around constraints, and to allow maximum access to the Property by fire and other emergency vehicles, no garage or yard sales are allowed.
13. Trash Containers: All trash containers must be kept inside garages and out of sight except on pick-up days, and trash containers must be of accepted type being a dark plastic-type container with matching lid. No bright colored cans or aluminum cans will be allowed for pick-up use. Removal of emptied containers must be as soon after pick-up as reasonably possible, and if a Co-owner is to be away from his or her residence after the trash pick-up for more than 24 hours, such Co-owner should make arrangements with a neighbor to return the trash container to a garage area out of sight.
14. Animals: No horses, mules, ponies, donkeys, burros, cattle, sheep, goats, wine, rodents, reptiles, pigeons, pheasants, game birds, gamefowl, or poultry or guineas, or any other animals except as permitted by this paragraph, shall be kept, permitted, raised or maintained by any person on any Lot or within any building on said Lot, or on any land contiguous to the Property. Not more than two pets, either dogs or cats, and not more than two birds (excluding parrots) may be kept on a single Lot or within the residence thereon, for the pleasure and use of the Co-owners but not for any commercial or breeding use or purpose, provided, however, that any such dog kept by a Co-owner shall not weigh over twenty-five (25) pounds. Any dog kept by a Co-owner shall not be permitted outside of the Co-owner’s fenced area without being on a leash, nor shall any such dog be allowed to bark for more than five (5) minutes, whether inside the residence or outside of the residence. Any person walking a pet must clean up any fecal matter left by such pet on any area, (including the pet Co-owner’s lot), or any other part of the Property. Any cat kept by a Co-owner shall likewise not be allowed outside of the Co-owner’s fenced in area, unless on a leash, and such cat shall not be allowed outside to roam and hunt, nor disturb neighbors with loud cat sounds, keeping in mind that neighbors may desire to cultivate wild birds to nest on or near their Lots, and cats are very destructive of such nests if they are allowed outside to roam. If any of such permitted animals or birds shall, in the opinion of the Association, become dangerous or any annoyance or nuisance in the neighborhood or nearby land or destructive of wild life, either on the Property or on contiguous land, they may not thereafter be kept on the Property.
15. Offensive Noises: Co-owners and all persons on a Co-owner’s Lot or elsewhere on the Property are prohibited from causing offensive noises from a Co-owner’s residence or from the use of any vehicles, radios, amplifiers, boom boxes, or other instruments. For the purpose of this section an “offensive noise” is a noise or vibration caused by a Co-owners, a Co-owner’s family, guests, delegates or pets, that can be heard of felt through the wall from another residence, or such noise heard on the outside or a residence from any location or source that is annoying and disturbing to a reasonable person.
16. Dedication of Common Area: The Developer, its successor or assigns, shall have the sole and absolute right at any time, with the consent of the governing council of the City of Harriman, to dedicate to the public all or any part of the streets, curbs, or utilities on the Property.
17. Developer’s Right of Withdrawal: The Developer shall have the sole and exclusive right at any time and from time to time to transfer and assign to, and to withdraw from, such person, firm or corporation as it shall select, any or all rights, powers, privileges, authorities and reservations given to or reserved by the Developer by any part of these covenants and restrictions. If at any time hereafter there shall be no person, firm or corporation entitled to exercise the rights, powers, privileges, authorities and reservations given to or reserved by the Developer under the provisions hereof, the same shall be vested in and be exercised by a committee to be elected or appointed by the Co-owners of a majority of the Lots shown on the Property Plat.
18. Amendments and Transferability: The Developer, its successor or assigns, reserves and shall have the sole right (a) to amend these covenants and restrictions, but all such amendments shall conform to the general purposes and standards of the covenants and restrictions herein contained, (b) to amend these covenants and restrictions for the purpose of curing any ambiguity in or any inconsistency between the provisions contained herein, (c) to include in any contract or deed or other instrument hereafter made any additional covenants and restriction applicable to the Property which do not lower the standards of the covenants and restrictions herein contained, and (d) to release any Lot or Lot Co-owner from any part of the covenants and restrictions which have been violated if the Developer, in its sole judgment, determines such violation to be a minor or insubstantial violation.
19. Additional Restrictions by Co-owners: No Lot Co-owner, without the prior written approval of the Developer, may impose any additional covenants or restrictions on any part of the land shown on the Plat.
20. Covenants Running with the Land The covenants and restrictions herein and as amended and added to from time to time as provided for herein, shall subject to the provisions hereof and unless released as herein provided, be deemed to be covenants running with the title to said land and shall remain in full force and effect until the first day of January, 2028, and thereafter, the said covenants and restrictions shall be automatically extended for successive periods of 25 years each, unless within six months prior to the first day of January, 2028, or within six months preceding the end of any such successive 25 year period, as the case may be, a written agreement executed by the then Co-owners of a majority of the Lots show on the Plat shall be placed on record in the office of the Register of Deeds of Roane County, Tennessee, in which written agreement any of the covenants, restrictions, reservations and easements provided for herein may be changed, modified, waived or extinguished in whole or in part as to all or any part of the Property then subject thereto, in the manner and to the extent provided in such written agreement. In the event that any such written agreement shall be executed and recorded as provided for above in this paragraph, these original covenants and restrictions, as therein modified, shall continue in force for successive periods of 25 years each, unless and until further changed, modified, waived or extinguished in the manner provided in this paragraph.
21. Remedies: If any person, firm or corporation or other entity shall violate or attempt to violate any of these covenants or restrictions, it shall be lawful for the Developer, its successor or assigns, or any person or persons owning any Lot on the Property to prosecute proceedings in equity or law for the enforcement of these covenants or restrictions by injunction or otherwise, and for a judgment for damages against any entity that may have violated the same. The remedies contained in this paragraph shall be construed as cumulative of all other remedies now or hereafter provided by law. The failure of the Developer too enforce any covenant or restriction or any obligation, right, power, privilege, authority or reservation herein contained, however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation thereof occurring prior to or subsequent thereto. Any Lot Co-owner or other person or entity that is adjudicated to be in violation of these covenants and/or restrictions, and relief at law or in equity is granted to any complainant for such violation, the court may award attorney’s fees to the complainant and a judgment for any other expenses of litigation, in a reasonable sum to the complainant for attorney’s fees and/or for any other expenses of litigation.
21. Survival: The invalidation of any provision or provisions of the covenants and restrictions set forth herein by judgment of a court of competent jurisdiction shall not affect or modify any of the other provisions of said covenants and restrictions which shall remain in full force and effect.
IN WITNESS WHEREOF, the said Caney Creek Limited Partnership, has hereunto set its hands on this ____ day of March, 2003.
By: Pinnacle Management Company, Inc.
General Partner
______________________________
President
STATE OF TENNESSEE
COUNTY OF ROANE
Before me the undersigned, a Notary Public in and for the Sate and County
aforesaid, personally appeared Richard E. Rudesill, with whom I am personally
acquainted, and who, upon oath, acknowledged himself to be the President of
Pinnacle Management Company, Inc., General Partner of Caney Creek Limited
Partnership, and that he as such President being authorized so to do, executed the
foregoing instrument for the purpose therein contained, by signing the name of
the corporation by himself as President.
Witness my hand and seal, at office in Knoxville, this ___ day of March, 2003.
_______________________________
NOTARY PUBLIC
My Commission Expires : ___________________
EXHIBIT
A
SITUATE in the Fifth Civil District of Roane County,
Tennessee, as shown on the 1986 Tax Assessor’s Map 45, Parcel 11.04, being
more particularly described as follows, to wit:
COMMENCE at
a concrete monument at the easterly edge of the Patton Lane ROW at the entrance
to the Marshall C. Voss Health Care Facility; thence North 83º38’13” East
486.14 ft to an iron pin; thence North 83º36’31” East 140.09 ft to an iron
pin, located in the common boundary with Roane State Community College and the
Southeast corner of the Marshall C. Voss Health Care Facility property, said pin
being the point of BEGINNING; thence from the point of beginning, North 05º28’42”
West 314.55 ft along the common boundary with Marshall C. Voss Health Care
Facility to an iron pin in the line of TVA; thence with the line of TVA, North
83º52’52” East 180.53 ft to an iron pin; thence continuing with the common
boundary with TVA, South 19º11’34” East 324.65 ft to an iron pin in the
common boundary with Roane State Community College; thence South 84º16’40”
West 249.46 ft along the common boundary with Roane State Community College to
the point of beginning, containing 1.58 acres, more or less, according to a
survey of David S. Hurst, Registered Land Surveyor, dated June 6, 2002.
There is also conveyed herewith a 50 ft. wide permanent,
non-exclusive easement for ingress, egress and regress and for the construction
and maintenance of all commercial and/or residential utilities from the property
described above to Patton Lane along the southerly border of the Marshall C.
Voss Health Care Facility tract, and more particularly described as follows:
BEGINNING at a concrete monument at the easterly edge of
the Patton Lane ROW at the entrance to the Marshall C. Voss Health Care
Facility; thence North 83º38’13” East 486.14 ft to an iron pin; thence
North 83º36’31” East 140.09 ft to an iron pin, located in the Southeast
corner of the Marshall C. Voss Health Care Facility property and the Southwest
corner of the property described above, on the common boundary with Roane State
Community College; thence North 05º28’42” West 50.04 ft to an iron pin;
thence South 83º31’31” West 140.87 ft to an iron pin; thence South 83º38’13”
West 486.14 ft to a point in the easterly edge of the Patton Lane ROW; thence
South 06º22’44” East along
said Patton Lane ROW 50.00 ft. to the point of beginning.
Being the same property conveyed by F. Oveta Borders to Pinnacle Management Company, Inc., by deed of record in Deed Book “X”, Series 18, Page 678, Register’s Office of Roane County, Tennessee.