Alley Auction | Elizabeth Downs Restrictions | Alley Auction
Est. 1966 | Seller of Fine Estates at Auction

PGK, LLC, the Developer, hereby declaring that he is the lawful owner in fee simple of all lots in the ELIZABETH DOWNS SUBDIVISION’, as shown on plat of record in Plat Book __ _, Page ___, in the Registrar’s Office of Knox County, Tennessee, desiring to promote the development thereof as a residential subdivision, and for the protection of it, its successors in trust or assigns, and the protection of future owners of any one or more of said lots; do hereby impose upon the above described lots in ELIZABETH DOWNS SUBDIVISION the following restrictive Covenants which shall run with the land, to wit;
1. LAND USE: All lots shall be devoted exclusively to Single Family Residential use, and no building shall be erected or maintained in the Subdivision other than single family residences, private swimming pool, pool house, approved outbuildings, outdoor cooking areas and children’s play houses, which are permissible. All residences shall have at least a double car garage, either attached thereto or integrated in or beneath a residence. Garage entrances shall be from the side or rear of the residence, unless approved by Developer for modification.
No sign of any character shall be displayed or placed upon any property except those advertising the property for sale and those used by a builder to advertise the property during construction and sales period.
No vegetable gardens shall be planted or extended nearer the street than the rear yard of any residence and in no event is nearer than 25 feet from any adjoining property.
All said lots, from the date of sale, must be maintained by the owner in a neat and orderly condition. This includes grass cutting and removal of debris.
2. ARCHITECTURAL CONTROL; Prior to construction, house plans and all other improvements must be submitted in duplicate to Developer, and or its heirs and assigns, for this review. The Developer, and or its heirs and assigns, shall have sole and exclusive right to approve plans for aesthetic reasons, not structural. One set of plans shall remain the property of the Developer.
Neither the Developer nor its successors or assigns, shall be liable to anyone submitting plans for approval by reason of mistakes in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any plans. Every person and entity who submits plans to the Developer agrees, by submission of such plans, that he or it will not bring any action or suit against the Developer or its representatives by reason of the approval or disapproval of such plans. If plans are not approved or disapproved within 21 days the plans shall be deemed approved.
Developer shall approve all exterior elevations, exterior materials and specifications, exterior color schemes, site plan, landscaping plan (may be submitted after house is started a minimum of 60 days prior to completion), other improvements and location of improvements as per restrictions.
If the Developer denies any plans or any portion thereof, lot owner may override the Developers denial by obtaining written approval of the plans by all lot owners in a three hundred (300) foot radius.
Plans shall be submitted to: David L. Alley, Jr.
4610 Middlebrook Pike
Knoxville, TN 37921
3. BUILDING TYPE AND LOCATION: No part of any lot shall be used for residential purposes until a completed dwelling house, conforming to the provisions of this instrument, shall have been erected thereon; the intent of this paragraph being to prevent the use of a garage, incomplete structure, Trailer, Tent, or other enclosure as living quarters before or after the erection of a permanent dwelling. A 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. However, the use of construction trailers during the construction period is allowable provided their sole use and purpose is to store tools and related materials. There shall be no log homes, modular houses or mobile homes allowed.
Dwelling shall be completed in 12 months of beginning construction. An extension of construction period may be approved by the Developer or assigns. Owner shall be responsible to see that the construction site is kept free of debris and waste as not to create a nuisance to other property owners.
No more than one dwelling shall be permitted on each lot. There will be no exposed concrete block on the house, outbuildings or retaining walls.
Exterior materials shall be either brick, stone, stucco, wood siding or other approved material. Exterior materials specification and/or samples or photographs shall be submitted with plans.
All roofs shall be at a minimum of 7/12 pitch. All roofs shall be what are described as a dimensional shingle or better to be approved by the Developer. Porch roofs or other minor or accent roofs may have a lesser pitch if approved by the Developer.
Any outbuilding must be approved by the Developer and be built to complement the residence in style, color, theme and materials. The location of said building must also be approved.
Dwelling shall be set back at least 30 feet from the street right-of-way upon which dwelling shall face, at least 10 feet to any side line, at least 20 feet from any rear lot line, and at least 25 feet to any side street line. No structures, including swimming pools, pool houses, outbuildings, outdoor fireplaces and children’s playhouses of approximate ground level construction, shall be located on or nearer than 25 feet of any property line. For the purposes of this covenant, eaves, stoops, and open porches shall not be considered a part of the building, provided they shall not be constructed to permit any portion of the building on the lot to encroach upon another lot. No provision of these restrictions shall be construed to permit any structure to be built on any lot that does not conform to the zoning laws and regulations of Knox County. It shall be permissible for the Developer to reduce the front setback requirements if necessary. Said permission shall be in writing and shall be recorded in the Registrar’s office in Knox County, Tennessee.
Prior to construction owners are required to meet any governmental agency requirements, including obtaining local health department permits.
Pool houses shall be permitted in connection with a swimming pool. All swimming pools must be enclosed by a fence approved by developer and must meet all then existing governmental requirements. above ground pools are not permitted.
No fence shall be erected or maintained nearer to the front lot line than rear elevation of the residence. All fence material must be approved by Developer.
All mailbox material and design must be approved by the Developer.
All exterior lighting must be approved by the Developer, and no lights shall be constructed or placed in such a way as to focus an undue amount of light on adjoining or nearby landowners.
4. MINIMUM DWELLING SIZES: Any dwelling erected upon any lot must meet the minimum square foot livable floor area as set forth below as to the respective classification:
(A) A One Story residence must be minimum of 1800 square feet not counting finished basement or garage.
(B) A 1 1/2 story, or other multi-level style with an attached double garage 2200 square feet with 1100 square feet minimum on main level not counting finished basements.If basement level garage, the main level shall be 1500 square feet minimum.
(C ) A Two Story residence must be a minimum of 2400 square feet with 1200 square feet on main level not including finished basement or garages. If basement level garage the main level shall be 1400 square feet minimum
No dwelling shall be erected or permitted to remain in this subdivision unless it has the number of square feet of enclosed living area, exclusive of open porches, garages or basements as set forth in this paragraph.
For the purposes of this paragraph, stated square footage shall remain the minimum floor area required, and floor area shall mean the finished and heated living area contained within the residence, exclusive of open porches, garages and basements.
5. DRIVEWAYS: Before any construction is begun, a temporary driveway shall be installed and said drive shall be crowned and have proper drainage so that overflow, if any, from the building site shall not flow upon the main road.. After construction is completed, the driveway shall be concrete or better. Owners shall be responsible for any clean up or damage to public streets.
6. SUBDIVISION OF LOTS; No lot shall be re-subdivided without the written consent of the Developer and must meet the subdivision regulations of Knox County. In such event these restrictive covenants shall apply to only the outside boundary line of any lot formed by such re-platting, or by the combination of two or more lots, or parts of lots. No lot or parts of lots may be used as access to any other property outside of this subdivision without written consent of the Developer and such consent must be recorded in the Registrar’s Office of Knox County, Tennessee.
(A) Lot owners shall have the responsibility to preserve and protect underground utilities. No utilities may be above ground, including, but not limited to electric, telephone, and cable T. V. There shall be a ten foot easement for utilities at the border of each lot, except where two lots join, in which case there shall be a five foot easement over each lot, making the total easement ten foot. Any two (2) lots that are joined together to make one larger lot, the interior easement shall be eliminated. However, drainage easements may not be eliminated on interior lot lines.
(B) Any Property owner whose portion of a lot has depression used for street drainage shall be responsible to properly install and maintain silt fencing to protect drainage area during construction. Only after ground cover or grass is established may protective fences be removed. The developer and or assigns reserve the right to enter property and repair any damage to drainage areas with the negligent property owner being responsible for the payment of any repairs.
8. SATELLITE DISHS; Satellite dishes, other than those 30 inches or less, shall not be permitted, and allowable satellite dishes must be hidden from Street view. No ham radio antennas, outside roof TV antennas, or other such electronic devices shall be permitted, unless approved by developer.
9. ANIMALS: No animals except household pets shall be kept on said lots and they shall not be kept or maintained for any commercial purposes and their behavior shall not be allowed to constitute a nuisance to other lot owners in the subdivision.
10. NUISANCES: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done which may be, or may become, an annoyance or nuisance to the neighborhood. This would include parking of tractor trailer trucks, or buses, or commercial vehicles, inoperative or abandoned automobiles anywhere on lots or on the street. Any motor home, travel trailer, boat or recreational vehicle must be housed in a garage or screened from view of streets. No vehicle shall be regularly parked overnight on any street. All building materials must be removed from the premises within 30 days after occupancy of dwelling. No outside clothes lines shall be erected or placed on any lot.
11. REFUSE CONTAINERS AND SCREENING: Garbage and refuse shall be placed in containers which shall be concealed and contained within a building or shall be concealed by means of a screening wall of material similar to, and compatible with, that of the residence on the lot or sufficient landscaping to provide a permanent screen at all times of the year. These elements shall be integrated with the building plan, be designed so as not to attract attention and shall be located in as reasonably inconspicuous manner as possible.
12. TERM: Each and every one of the aforesaid covenants, conditions, and restrictions shall attach to and run with each and every lot of land; and all titles to, and estates therein, shall be subject thereto and tile same shall be binding upon each and every owner of said lots until July 1, 2021, and shall be extended automatically to apply to each lot for successive periods of 10 years; unless by action of a minimum of Sixty-Seven (67%) per cent of the then owners of lots, it is agreed to change said covenants and restrictions in whole or in part, provided that the instrument evidencing such action or changes must be in writing and shall be duly recorded in the Registrar’s Office of Knox County, Tennessee. The developer may amend these restrictions unilaterally at any time when he owns over 50 percent of the lots in the subdivision.
13. INVALIDATION: In the event that for any reason, any one or more of the foregoing protective covenants and restrictions shall be construed by judgment or decree of any court of record to be invalid, such action shall in no way effect the other provisions nor the invalid provision as it may apply to differing circumstances, which shall remain in full force and effect. The owner hereby declares that said restrictions are not interdependent but severable, and any one would have been adopted even without the others.
(A) An Association shall be formed with all residences belonging to said association. The association is for the purpose of maintaining common areas, easements and right of way designated by the Developer for all residents use and enjoyment; such as, but not limited to the entrance sign and landscaped areas, including lighting, irrigation. The fee shall be $50 per lot per year. Buyers shall pay to the Developer, or assigns, before the 1st of March. Delinquent fees are subject to reasonable collection cost, attorney fees, 12% interest and 10% late charge. The association shall be formed by September 30,2002 or when 3/4 of lots are sold in ELIZABETH DOWNS SUBDIVISION including future phases. Until the association is formed, annual fees will be paid to the Developer. The fees will be assessed to maintain said areas. Any increase in association fees will have to be approved by a 2/3 majority of the members of die association. The Developer shall not be required to pay any association fees on unsold lots for a period of three (3) years after recording of these restrictions.
(B) All unimproved lots shall be mowed monthly during growing season by the developer and or assigns, and a mowing fee of $195 per lot per year until house is completed and occupied. Mowing fee may be adjusted for local cost of living index, however shall not be changed for the first two years from the date of first lot sale. Mowing fees shall be due on or before the 1st of March each year. Delinquent fees are subject to reasonable collection cost, attorney fees, 12% interest and 10% late charge. Mowing fees for the year of closing shall be prorated and paid at closing. Thereafter fees to be paid to the Developer and or assigns.
(C) The annual maintenance fee and mowing fee shall become a lien on the subject lots, but said liens shall be subordinate to any mortgages obtained by the lot owners unless a lien for unpaid fees is recorded in the Registrar’s Office for Knox County, Tennessee, prior to the recording of the mortgage.
15. ENFORCEMENT: If the parties hereto, or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants herein; it shall be lawful for any other person or persons owning any real property situated in said Elizabeth Downs Subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants; and either enjoin him or them from so doing or to recover damages or any other dues for such violations. Incident thereto, the enforcing parties shall be entitled to a reasonable attorney’s fees incurred in so doing, and the violator or violators shall also be liable for any such other and additional damages as may occur including, but not limited to, court costs.
16. WAIVER: That for the purpose of property improvement as long as it retains record ownership of any lots in the subdivision, the Developer reserves the right to grant waivers from these restrictive covenants. Said waiver must be in writing and recording in the Registrar’s Office of Knox County, Tennessee. Any waiver shall be conclusive proof that the waiver shall not materially effect the purpose sought thereby the Developer. Other owners of lots in the subdivision shall not be entitled to bring suit to enforce the compliances of the original restriction where a waiver has been given by the Developer, nor is any other entitled to damages from the developer for any waiver granted by him.
IN WITNESS whereof, the undersigned has executed this agreement as of the 21st of June 2002.
By: _________________
Before me, the undersigned authority, a Notary Public in and for the State and County aforesaid, personally appeared _________ _____ with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who upon oath, acknowledged himself or herself to be the within named bargainer, PGK, LLC, being authorized to, executed the forgoing instrument for the purposes therein contained.
WITNESS my hand and official seal, this ___ day of _______ 2002 My Commission expires: ______ NOTARY

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