1. No lot shall be used except for single family residential purposes. No building shall be erected, altered, changed, or permitted to remain on any lot other than a one single family dwelling, and/or an outbuilding ,private garage or carport. Outbuilding, private garage, or carport must be constructed with the same outside finish as the single-family dwelling and must be constructed on a permanent foundation.
2. No part of the restricted property shall be further divided after the sale of any such portion by the undersigned. The undersigned reserves the right to further divide any portion of the restricted property prior to any sale thereof. Thereafter, no subsequent owner or owners of any said lots shall further divide their lot or parcel, unless the lot id divided to be combined with another lot to make a larger lot.
3. No building , outbuilding or fence shall be erected , placed, or attached on any lot until the detailed construction plans and specifications and a survey showing the location of the structure have been approved by Haynes Crossing, Section II, Architectural Review Committee. Said committee shall be appointed by owner and shall consist of at least three (3) individuals. The initial Architectural Review Committee shall be composed of Larry Reaves, David Hughes, and Dan Hanley. In the event of the death, incapacity or resignation of any member of said committee, the remaining members shall appoint a replacement.
4. No dwelling shall be permitted on any lot with a living area of less than 1000 square feet. If the dwelling is two stories, the first floor above the grade level of the lot must have a minimum living area of 600 square feet. Basement, open porches, attached garages, and breezeways are not to be included in computing the above minimum floor areas. No dwelling or other building of any nature shall exceed two stories in height above the grade level of the lot. No dwelling or other building of any nature shall be erected nearer the building line setbacks as shown on the plat of record for said subdivision. Attached garages are not required. All dwellings shall be erected as to face the street as designated on the plat showing the house numbers.
5. A perpetual easement is reserved for utility installation and maintenance in accordance with the utility easement designated on the plat of record for said subdivision. All utility services to the house shall be underground from pole to house.
6. No structure of a temporary character, trailer, mobile home, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence. No prefabricated structure or structures moved from another location other than those set forth in paragraph 14 may be erected on any portion of the restricted property.
7. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purposes.
8. No lot shall be used or maintained for a dumping ground for rubbish, junk, trash, or motor vehicles of any nature. Trash, garbage or other waste shall not be kept except in sanitary containers. Garbage receptacles shall be in complete conformity with the sanitary rules and regulations. No individual sewage disposal system shall be permitted on any lot unless said system is designed, located, and constructed in accordance with the requirements, standards, and regulations of the public health authorities of the City of Spring Hill, County of Williamson and the State of Tennessee. Permits to install any sewage or waste disposal system shall be obtained from such authorities prior to use.
9. The right is reserved by the undersigned to cut all weeds and grass on unimproved lots and a lien is reserved by the undersigned to enforce reimbursement for said cutting and any and all expenses, including court costs and attorney fees, incurred in the enforcement of said lien.
10. The outside finish materials of the homes built on any lot will be at the sole discretion of the Architectural Review Committee in all cases. The Architectural Review Committee has sole discretion in each and every instance to allow or disallow a proposed exterior finish on any potion of the houses. Any bare foundation must be stucco.
11. No multi-family dwelling, apartment house, store, shop, boarding house, or other commercial building shall be built, erected or maintained on any of the said lots. No lot shall be used in whole or in part for any business or commercial purposes.
12. Any fences that may be erected on the property must be erected within the minimum building setbacks. No fence shall exceed six (6) feet in height above the natural grade of the existing lot. Chain-link or other similar wire-type fences are not allowed. No dog runs are allowed and any fence on corner lot shall not obstruct view. Any wood fences will be installed so that the finished side will face the street.
13. All streets shown on the plat of record for said subdivision are hereby dedicated or will be dedicated to public use as streets.
14. No permanent electric service may be installed, connected, and activated until the dwelling on the lot being served by said electric service is completed on the exterior. Temporary or construction electric service may be installed and activated prior to the completion of the exterior. All permanent electric service from the dwelling to the public street must be underground.
15. The undersigned reserves the right to amend or remove any or all of the restricted property from the force and effect of these covenants, conditions, and restrictions prior to a sale thereof and such amendment or removal shall in no way be construed as a waiver of these covenants, conditions, and restrictions as to the remaining property.
16. The Covenants and Restrictions of this Covenant shall run with an bind the land for a term of twenty-five (25) years from the date this Amended Covenant is recorded, after which time they shall be automatically extended for successive periords of ten (10) years. This amended covenant may be changed, modified or rescinded during the first twenty-five (25) year period by an instrument in writing, signed an acknowledged by not less than 66 and 2/3 % of the votes of the members of the Association and thereafter, by an instrument signed by not less than 50% of the votes of the members of the Association. Any amendment must be properly recorded. For purposes of voting to amend this Amended Covenant, each lot shall be entitles to cast one vote regardless of the number of persons or entities which might own said parcel or a portion thereof. Except as otherwise hereby amended, the terms and provisions of the Amended Covenants shall remain in full force and effect.
17. Enforcement shall be by proceedings at law or in the equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages. Said restrictions may be enforced by the undersigned or the owner or owners of any property in Haynes Crossing II. It is further provided that the failure to enforce said restrictions as to a violation or violations shall not be deemed as a waiver of such right as to any subsequent violation or violations, the right being a continuing one. In the event of such enforcement action, any owner found to have violated any covenant by a court of competent jurisdiction shall be responsible for all court costs and attorney fees.
18. The developer will maintain the common area around the entrance and the easement area for retention on lots 73 and 74 until such time as 75% of the lots in Section I are sold with dwellings on them. When 75% of the lots in Section I are sold with dwellings on them, the property owners in Haynes Crossing, section II will form a garden club and fees will be set and collected to maintain these areas. There shall be a fee of $100.00 collected at each closing to help in the cost of maintaining these areas until the garden club is formed. These funds will be maintained by the developer and used solely for the maintenance of these areas. All mailboxes will be of a standard type as approved by the developer.
19. Invalidation of any one of these covenants by judgment or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect.
This is a replicate document which Cyril Evers signed on May 21, 2002 which resides with the Register of Deeds in Williamson County in the State of Tennessee.
