Grove Park Home Owners Association

GROVE PARK SUBDIVISION

RESTRICTIVE COVENANTS AND SIMILAR DOCUMENTS ARE PRIVATE IN SCOPE AND ARE NOT SUBJECT TO GOVERNMENTAL APPROVAL OR ENFORCEMENT.

1. These covenants, limitations,and restrictions are to run with the land and shall be binding on all parties or persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants, limitations, and restrictions shall be automatically extended for successive ten (10) year periods, unless by vote of the majority of the then — owners of lots in this subdivision, it is agreed to change them in whole or in part.

2. If the parties hereto, or any of them or their heirs or assigns, shall violate or attempt to violate any of the covenants, limitations, or restrictions herein, it shall be lawful for any other person or persons owning real property in this subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, limitations, or restrictions, and either to prevent him or them from so doing or to recover damages or other dues for each such violation.

3. All lots in the tract shall be known and described as residential lots and are not to be resubdivided into smaller lots.

4. No primary structure shall be erected on any lot until the design and plot plan have been approved in writing by Duntreath Partners or their designated representative. If approval or disapproval is not received within thirty (30) days of submittal of plans, such approval will not be required and this covenant will be deemed to have been complied with. The powers and duties of Duntreath Partners shall cease on and after the commencement of construction on the last lot of this subdivision, or thirty(30) years after the recording of this plat, or when Duntreath Partners relinquishes its powers and duties to the lot owners of the subdivision, whichever occurs first. After this time, the owners of a majority of lots in the subdivision may execute a written agreement appointing one or more representatives to exercise this same power.

5. The minimum ground floor area of the main building, exclusive of open porches and garages, shall be 3000 square feet for 1—story dwellings, and 1100 square feet for the ground floor and of a 1 1/2 - story or a 2 — story dwelling, with a total area of not less than 3000 square feet for 1 1/2 - story or 2 — story dwellings.

6. No primary structure shall be erected, placed, altered, or permitted to remain on any lot in this subdivision other than single—family detached dwelling of not more than two stories in height plus roof, with one private garage for not more than three (3) cars. Accessory structures are allowed to the extent that the City of Germantown allows them, once a house has been built on the lot.

7. The minimum setback from street to building shall meet the requirements and approval of the Building Department of the City of Germantown, Tennessee.

8. No trailer, tent, shack, barn, or other outbuilding erected on the tract shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary nature or character be used as a residence. All recreational vehicles, including but not limited to boats, campers, and trailers, must be kept in the rear yard or garage and screened from view of all adjoining property owners and must also be in compliance with the Germantown Zoning Ordinance.

9. No garage or carport shall be constructed of which the vehicular opening faces the street, except on
corner lots.

10. Accessory buildings, structures, and swimming pools must be constructed in accordance with the Germantown Zoning Ordinance. If a recessed swimming pool is built on a lot, then the back yard or the swimming pool must have a fence around it.

11. Permanent easements for drainage and utilities are reserved as shown on this subdivision plat, or as required by note.

12. No noxious or offensive trade or activity shall be carried on upon any lot, not shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood, including, but not limited to, parking or storage of any large commercial vehicles, equipment, or trailers.

13. Radio or television transmission or receiving towers or antennas must be constructed in accordance with the Germantown Zoning Ordinance, but in no instance may they be over ten (10) feet in height above the ridge line of the roof.

14. Satellite dishes larger than 24 inches in diameter cannot be installed without approval by Duntreath Partners or their designated representative. Placement must conform to the Germantown Zoning Ordinance as well as be screened from the other lot owners by a fence or landscaping.

15. Fences are to be constructed in accordance with the City of Germantown Fence Ordinance. No chain-link or wire fence is allowed between lot owners. Fences may be no closer to the street than ten (10)feet behind the front building setback line, except for corner lots, which may have fences up to five (5)feet in front of the front setback line.

16. Duntreath Partners reserves the right to construct the entrance structure in a manner which has been approved by the City of Germantown Design and Review Commission.

17. Sidewalks will be installed in accordance with the regulations of the City of Germantown and are to be installed within eighteen (18) months of the date of recording of this plat. Where sidewalks are installed along the lot frontage, it shall be the responsibility of the lot owner to maintain such sidewalks. Should a lot owner not have installed sidewalk(s) within eighteen (18) months of the date of recording of this plat, the lot owner will escrow with the City of Germantown such sum as is required by the City of Germantown to ensure the future construction of the sidewalk to an extent that Duntreath Partners shall be relieved of the obligation. Should the lot owner refuse to do so, then Duntreath Partners shall have the right to file a lien on the property or sue for (10) times the cost of the sidewalk.

18. Duntreath Partners reserves unto itself the right to impose additional and separate restrictions at the time of sale of any of the plots sold by it in this subdivision, which restrictions may not be uniform, but may differ as to plots, and further reserves the right to amend these additional and separate restrictions without the approval of the owners of the lots within the subdivision.

19. Duntreath Partners reserves the right, subject to governmental approval of any amendment of revision to this plat, to amend or revise this plat (without the joinder therein of the other then owners of lots shown on this plat) to reflect (1) the deletion or reconfiguration of any one or more lots then owned by Duntreath Partners, (2) a realignment of any street or public way, and/or (3) the relocation of easements for utilities or drainage purposes; provided, however, in the event any of the foregoing would change a boundary of or result in an easement being placed upon a lot not then owned by Duntreath Partners, the consent of the owner(s) of any such lot(s) shall first be obtained and such consenting owners(s) shall join with Duntreath Partners in the execution of any amended or revised plat.

20. Duntreath Partners will require the owners of all lots in the recorded plat to enter into a Homeowners Association to maintain all of the areas between the fences and roadways on the double — frontage lots, as well as the entrance structures and landscaping. Duntreath Partners will set up the Homeowners Association in a manner similar to what is recorded for Windsprings Subdivision in Collierville,
Tennessee.

21. Invalidation of any of these covenants, limitations, or restrictions by judgment or court order shall in no wise affect any other provisions, which remain in full force and effect.