Exhibit D
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EXHIBIT D
(will be attached as Exhibit A to the Deed)
STATEMENT OF SUBDIVISION STANDARDS
REDBUD SUBDIVISION
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This declaration of restrictions and covenants shall apply to Redbud Subdivision in Henderson County, Tennessee, for the benefit of all property in said subdivision, and shall constitute real covenants, which attach to and run with the land and shall be binding upon anyone who may come into ownership thereof, whether by purchase, devise, descent, or succession.
1. The premises shall be used for private residence purposes only, and no lot shall be subdivided.
2. No building other than a single family dwelling and necessary and appurtenant outbuildings shall be constructed or maintained on any lot in said subdivision.
3. No building constructed on any lot shall contain less than 1000 square feet of floor space exclusive of porches, breezeways, carports, and attached garages.
4. All buildings shall be constructed to conform to the material and architectural requirements of the Southern Building Code.
5. Buildings shall be located on lots so as to leave setbacks of 20 feet from the edge of adjacent road right-of-way and have a minimum side yard and rear yard of 10 feet.
6. No dwelling shall be built on any lot unless the value thereof shall, by a competent appraisal, be found to be worth no less than Twenty-five Thousand Dollars ($25,000).
7. No basement or foundation or unfinished dwelling shall be used for residence purposes and no dwelling shall be occupied until construction has been substantially completed.
8. No trailer/modular/mobile home, tent, shack, or outbuilding, whether on a permanent foundation or not, shall at any time be placed or allowed to remain on the property or used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. The foregoing shall not be construed to prohibit the erection of temporary buildings necessary or useful to the construction of a permanent residence upon the property, but such buildings shall be permitted only for such period as is reasonably required to complete the erection of said permanent residence.
9. No cattle, horse, ponies, swine, poultry, or other animals shall be kept on any property in this subdivision, but this restriction shall not preclude the keeping of ordinary household pets.
10. No advertising or commercial signs of any type shall be exhibited or displayed in said subdivision. Real estate signs advertising the sale of homes will be permitted.
11. No building or any portion of a building or any other structure, except fences and water use facilities, shall be constructed, placed, moored or maintained on land located below the 446 foot contour elevation, provided, however that such buildings or structures may be located below said elevation if the surface of the land upon which such building or structure is located has been raised to or above said elevations. Any fences or water use facilities or placement of fill below the 446 foot contour elevation shall be constructed in accordance with plans and specifications approved in advance by TVA
12. No lot shall be used for any purpose which will result in draining or dumping into Redbud Lake any refuse, sewage, or other material which in the sole judgment of BRWDA will pollute the waters of said lake.
13. All water systems and sewage disposal systems shall be the responsibility of the individual lot owner and shall meet the requirements of the Tennessee Department of Environment and Conservation.
14. All connections to any telephone, television, or electrical distribution system shall be by underground wire, conduit, or cable, and no overhead wires or cables of any type shall be installed on or over a lot.
15. No building or structure of any kind shall be erected, placed, maintained, or altered on any lot until completed plans and specifications and a plan showing the location thereof shall have been approved in writing by either the Board of Directors of BRWDA, or its designated agent. ($25.00 approval fee). However, TVA approves all water-use facilities.
16. Each and all of the restrictions and covenants herein contained shall be for the benefit of BRWDA/TVA, and their successors in title and assigns, and any and all of said restrictions may be enforced either in law or in equity by any one of any number of all the persons who may from time to time be owner or owners of lots in the Redbud Lake Subdivision, and furthermore, said restrictions and covenants likewise may be enforced by the Redbud Lake Development Corporation.
17. Owners of lots in Redbud Lake Subdivision are members of the Redbud Lake Development Corporation, a non-profit corporation, subject to the restrictions and requirements set forth in said corporation’s charter which is recorded in Deed Book ______, Page ______, in the office of the Register of Henderson County, Tennessee. A $50.00 annual fee will be assessed for each subdivision lot to be paid to BRWDA with funds to be used by the Redbud Homeowners Association. Payment of assessed fee must be current prior to transfer of ownership of property. A 20% administration fee will be retained by BRWDA. This fee shall not be increased during the life of this covenant.
18 (a) A Shoreline Management Zone (attached as Exhibit B to the Deed) is required for Redbud Subdivision per the TVA Redbud Reservoir Final Environmental Assessment.
18 (b). All vegetation management activities within the Shoreline Management Zone require advance written approval from TVA.
19. Policies governing water use and related facilities are a part of this covenant, and TVA shall regulate such use and facilities in accordance with TVA’s 26a regulations, which are currently published in Part 1304 of Title 18 of the Code of Federal Regulations.