View Sector:
The Smoke Rise Homeowners Covenant
Click here to download a printable PDF version
PROTECTIVE COVENANTS FOR SMOKE RISE
BLOUNT COUNTY, ALABAMA
SECTOR ONE (1)
Whereas, Smoke Rise Development Corporation, a corporation, is the owner of the lands comprising Smoke Rise, Sector One, situated in Blount County Alabama and being a part of Sections 26,27, 34 and 35 Township 13 South, Range 3 West, and Section 2,Township 14 South, Range 3 West, Blount County, Alabama and
Whereas, Smoke Rise, Sector One has been subdivided into 170 tracts being numbered consecutively from 1 through 168, and 13A and 98A, respectively, plat of the same dated the 17th day of December, 1968, as prepared by Raymond Shackleford Registered Land Surveyor, Registration No 4092 and recorded in map or plat book 2A at page 297, in the office of the Judge of Probate Blount County, Alabama and
Whereas, it is desired by said owner, before any of said lots or parcels of ground in said subdivision shall be sold or conveyed, to fix and establish certain restrictions as to the use and enjoyment of such lots and properties in said plat, except as to Tracts1, 2, 30, 31 and 32, which are specifically excluded from the provisions of these Protective Covenants, for the protection of all owners of said properties or tracts;
Now therefore, the undersigned Smoke Rise Development Corporation, a corporation, does by these presents, establish and adopt Protective Covenants or Restrictions as to the future use of the tracts or parcels of land embraced in said plat, except as to Tracts 1, 2, 30, 31 and 32, as hereinabove excepted, and does grant to the future owners of any party of the land embraced in said plat, the right to enforce said restrictions as herein after set forth:1. LAND USE AND BUILDING TYPE
No tract shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any tract other than the detached single-family dwelling not to exceed two stories in height. Permitted will be horticultural and agricultural uses and garden, greenhouses and structures incidental thereto customary to residential occupancy provided no sales of the products are to be made on the premises, but not including commercial animal, livestock or poultry farms or kennels. Permitted will be accessory structures (such as private garages, servant houses, stables, summer houses and guest houses) customarily incidental to residential occupancy: provided that the servant houses and summer and guest houses shall be permitted only as accessory to the single-family dwellings; and provided further that any stable, or other structure housing livestock, shall be located to the rear of said lot. The permitting of livestock as provided herein, is limited to non-commercial use of said tract in connection with livestock, and no horses will be permitted to be kept on any tract less than 2.5 acres in area. Accessory structures incidental to other permitted uses shall be located so as to
conform to front and side building set back line requirements established for such uses, and shall be located to the rear of said tract.
2. ARCHITECTURAL CONTROL
No building shall be erected, placed or altered on any lot or any tract until the construction plans and a plan showing the location of the structure has been approved by the Architectural Control Committee, (as established in Section 9), as to the quality or workmanship and material harmony of external design with existing structures, and as to the location with respect to topography. Approval shall be as provided in Section 10.
3. QUALITY AND SIZE
It is the intention and purpose of these covenants to assure that all dwellings within each of the five different areas comprised of tracts as set out in sub-paragraph “a” through “e” hereafter, shall be of a quality of workmanship and materials substantially the same for the tracts in each of said respective areas and furthermore, to insure that
the requirements as to the size of the dwellings are maintained. The following minimum
requirements are incorporated herewith for the respective areas including each tract as set out in paragraph “a” through “e” hereafter, are as follows:a. The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than one thousand six hundred fifty (1650) square feet for tracts 33 through 64, inclusive
b. The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than one thousand five hundred (1500) square feet for tracts 8, 10, 12, 14, 15, 16, 18 through 22 inclusive, tracts 24 through 29 inclusive, and tracts 65 through 72, inclusive.
c. The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than one thousand three hundred fifty (1350) square feet for tracts 3 through 7, inclusive, tracts 9, 11, 13, 13A, 17, 23, tracts 73 through 98 inclusive, tract 98A, tracts 99 through tract 102 inclusive, tracts 104, 106, 108, tracts 110 through 114 inclusive, tract 116, 118, 120, tracts 122 through 145 inclusive, tracts 167 and 168.
d. The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than twelve hundred (1200) square feet for tracts 103, 105, 107, 109, 115, 117, 119 and 121.
e. There is no restriction on the minimum area for the ground floor living area for the main structure on tracts 146 through 166, inclusive. All other protective covenants and restrictions contained herein shall apply to said tracts other than the minimum footage requirement for the ground floor living area of the main structure as herein provided in this sub-paragraph.
f. The minimum requirements as established in paragraphs “a” through “e”, above may be waived by the Architectural Control Committee for special purposes houses if of unusual and unique design.
g. All structures erected on any tracts covered by these restrictions and protective covenants shall be of new materials and built in good and workmanlike manner and the exterior of no structure shall consist of concrete block or novelty sidings. All structures shall be kept in good repair and condition and shall be maintained so as to prevent an unsightly appearance and condition
4. BUILDING LOCATION
No building shall be located on any lot nearer than 50 feet to the front line and no building shall be erected on any tract nearer to the side tract lines than 25 feet. For the purpose of this covenant, eaves, steps and open porches shall not be considered a part of the building, provided, however that this shall not be construed to permit any portion of the building on a lot to encroach upon another lot or tract. Right is reserved in the Architectural Control Committee to waive minor violations of the restrictions set forth in this paragraph.
5. EASEMENTS
Smoke Rise Development Corporation reserves the right to grant easements for the installation and maintenance of utilities along the public roads as shown on the recorded plat.
6. NUISANCES
No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No commercial establishments, such as commercial home shops, automobile repair shops or storage use shall be permitted at anytime upon any tract.7. TEMPORARY STRUCTURES
No structure of a temporary character, house trailer, basement, tent, shack, garage, barn or other out-building shall be used on any tract at anytime as a residence, either temporarily or permanently.
8. FURTHER SUBDIVIDING
No tract may be subdivided or reduced in size by voluntary alienation, judicial sale or other proceedings by any lot or tract owner, provided however that Smoke Rise Development Corporation, reserves the right to sell a part of any tract for a homesite so long as the part so sold contains not less than one acre and there remains not less than one acre left in the original tract; and provided further, that any lot or tract owner may sell a portion of his lot or tract to an adjoining lot or tract owner so long as there remains not less than on acre left in the original tract; and provided further that the owner of any tract or lot containing 4 acres or more in area, may subdivide his lot or tract to create one additional homesite of not less than 1 acre in area and that there shall remain not less than 2 acres in the original lot or tract. In no event shall any lot or tract consist of more than 2 homesites.
9. ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee is composed of Leslie W. Kelly, Noel C. Turner and Hugh A. Nash. A majority of the committee shall control and may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining member or members shall have full authority to designate a successor, or successors. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
10. PROCEDURE
The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required, and related covenants shall be deemed to have been fully complied with.
11. LANDSCAPE
No destruction of the natural growth on any lot shall be permitted (except for thinning) and except as may be necessary to be removed in order to carry out uses permitted by these covenants; provided, however, that no timber shall be cut for commercial purposes.
12. GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. Trash and debris may be deposited in area designated and provided by Smoke Rise Development Corporation.
13. RIGHT TO REPURCHASE
Smoke Rise Development Corporation, a corporation hereby reserves the right to repurchase any lot (improved or unimproved) from any person or persons at a price not less than that which said person or persons have been offered by a bona fide purchaser and which the lot or tract owner is willing to accept. The right to repurchase shall run for ten (10) days from the time Smoke Rise Development Corporation, a corporation, has received in writing from any seller notice of intent to sell, stating the sales price, terms of sale, and the name of purchaser or purchasers. The right to repurchase shall be subject and subordinate to the lien of any existing valid mortgage upon any such lot or tract, which lien shall not be subordinated or otherwise affected or disturbed by such right; nor shall such right to repurchase affect the title thereto obtained through or after foreclosure of any such mortgage.
14. TERM
These covenants are to run with the land and shall be binding on all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part.15. AMENDMENT
Smoke Rise Development Corporation, a corporation, reserves the right to amend or alter these covenants at such time as it is deemed, in its unrestricted and sole discretion to be in the best interest of the property owners.
16. ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any protective covenants, either to restrain violation or to recover damages.
17. SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
AMMENDMENT TO PROTECTIVE COVENANTS
SMOKE RISE BLOUNT COUNTY
SECTOR ONEWhereas, Smoke Rise Development Corporation, a corporation being the owner of the lands comprising Smoke Rise Sector One, situated in Blount County, Alabama, a map or plat of which is recorded in map or plat book 2-A, page 297, in the office of the Judge of Probate, Blount County, Alabama did heretofore adopt Protective Covenants and Restrictions for said development as shown by instrument dated January 3, 1969, filed for record January 6, 1969 in deed book 193, page 429, in the office afore-said and
Whereas said corporation did reserve the right to amend or alter said covenants at such time as it deemed it necessary in its unrestricted and sole discretion, to be in the best interest of the property owners of the property located in said Smoke Rise, Sector One and Whereas, as of the date hereof Smoke Rise Development Corporation is the sole owner of the lands comprising said Smoke Rise, Sector One and does deem it to be in the best interest of the property owner of said lands to alter or amend the covenants by adding the following restriction and condition hereinafter set out
Now, therefore, the premises considered the undersigned Smoke Rise Development Corporation, a corporation, does by these presents hereby amend the Protective Covenants for Smoke Rise, Sector One, Blount County, Alabama as recorded in deed book 193, page 429 by adding the following paragraph , viz:12A. Septic tanks and wells on each of said tracts shall be located and installed according to recommendations and requirements of the State Health Department, and shall be subject to inspections for proper compliances there-with by the Blount County Health Department. All other Protective Covenants except as amended hereby shall remain in full force and effect.
PROTECTIVE COVENANTS FOR SMOKE RISE
BLOUNT COUNTY
SECTOR TWO (2)Whereas Smoke Rise Development Corporation, a corporation, is the owner of the lands comprising Smoke Rise Sector Two, situated in Blount County, Alabama and being a part of Sections 23, 26 and 35, Township 13 South, Range 3 West, Blount County, Alabama and
Whereas, Smoke Rise, Sector Two, had been subdivided into 137 tracts being numbered consecutively from169 through 304 and 169A according to a map or plat of the same dated the 6th day of June, 1969 as prepared by Raymond Shackleford, registered land surveyor, registration no. 4092 and recorded in map or plat book 2A at pages 305, 306 and 307 in the office of the Judge of Probate, Blount County, Alabama and
Whereas it is desired by said owner, before any of said lots or parcels of ground in said subdivision shall be sold or conveyed, to fix and establish certain restrictions as to the use and enjoyment of such lots and properties is said plat, except as to tracts 169A, 237 and 255 which are specifically excluded from the provisions of these Protective Covenants, for the protection of all owners of said properties or tracts;
Now therefore, the undersigned Smoke Rise Development Corporation, a corporation, does by these presents establish and adopt Protective Covenants or Restrictions as to the future use of the tracts or parcels of land embraced in said plat, except as to tracts 169A, 237 and 255, as hereinabove excepted, and does grant to future owners of any part of the land embraced in said plat, the right to enforce said restrictions as hereinafter set forth:1. LAND USE AND BUILDING TYPE
No tract shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any tract other than the detached single-family dwelling not to exceed two stories in height. Permitted will be horticultural and agricultural uses and garden, greenhouses and structures incidental thereto customary to residential occupancy provided no sales of the products are to be made on the premises, but not including commercial animal, livestock or poultry farms or kennels. Permitted will be accessory structures (such as private garages, servant houses, stables, summer houses and guest houses) customarily incidental to residential occupancy: provided that the servant houses and summer and guest houses shall be permitted only as accessory to the single-family dwellings; and provided further that any stable, or other structure housing livestock, shall be located to the rear of said lot. The permitting of livestock as provided herein, is limited to non-commercial use of said tract in connection with livestock, and no horses will be permitted to be kept on any tract less than 2.5 acres in area. Accessory structures incidental to other permitted uses shall be located so as to
conform to front and side building set back line requirements established for such uses, and shall be located to the rear of said tract.2. ARCHITECTURAL CONTROL
No building shall be erected, placed or altered on any lot or any tract until the construction plans and a plan showing the location of the structure has been approved by the Architectural Control Committee, (as established in Section 9), as to the quality or workmanship and material harmony of external design with existing structures, and as to the location with respect to topography. Approval shall be as provided in Section 10.
3. QUALITY AND SIZE
It is the intention and purpose of these covenants to assure that all dwellings within
Each of the two different areas comprised of tracts as set out in sub-paragraph “a” and “b” hereafter, shall be of a quality of workmanship and materials substantially the same for the tracts in each of said respective areas and furthermore, to insure that
The requirements as to the size of the dwellings are maintained. The following minimum
Requirements are incorporated herewith for the respective areas including each tract as set out in paragraph “a” and “b” hereafter, are as follows:a. The ground floor living area of the main structure, exclusive of one story open porches and garages, shall not be less than one thousand five hundred (1500) square feet for tracts 169 through 236 , inclusive 238 through 254 inclusive and 301 through 304 inclusive
b. The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than one thousand (1,000) square feet for tract, 256 through 300 inclusive.
c. The minimum requirements as established in paragraph “a” and “b” above may be waived by the Architectural Control Committee for special purposes if house is of unusual or unique design.
d. All structures erected on any tract covered by these Restrictions and Protective covenants shall be of new materials and built in a good and workmanlike manner and the exterior of no structure shall consist of concrete block or novelty sidings. All structures shall be kept in good repair and condition and shall be maintained so as to prevent an unsightly appearance and condition.
4. BUILDING LOCATION
No building shall be located on any lot nearer than 50 feet to the front line and no building shall be erected on any tract nearer to the side tract lines than 25 feet. For the purpose of this covenant, eaves, steps and open porches shall not be considered a part of the building, provided, however that this shall not be construed to permit any portion of the building on a lot to encroach upon another lot or tract. Right is reserved in the Architectural Control Committee to waive minor violations of the restrictions set forth in this paragraph.
5. EASEMENTS
Smoke Rise Development Corporation reserves the right to grant easements for the installation and maintenance of utilities along the public roads as shown on the recorded plat.
6. NUISANCES
No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No commercial establishments, such as commercial home shops, automobile repair shops or storage use shall be permitted at anytime upon any tract covered by these restrictions7. TEMPORARY STRUCTURES
No structure of temporary character, house trailer, basement, tent, shack, garage, barn or other out-building shall be used on any tract at anytime as a residence, either temporarily or permanently.
8. FURTHER SUBDIVIDING
No tract shall be subdivided or reduced in size by voluntary alienation, judicial sale or other proceedings by any lot or tract owner, provided however that Smoke Rise Development Corporation, reserves the right to sell a part of any tract for a homesite so long as the part so sold contains not less than one acre and there remains not less than one acre left in the original tract; and provided further, that any lot or tract owner may sell a portion of his lot or tract to adjoining lot or tract owner so long as there remains not less than on acre left in the original tract; and provided further that the owner of any tract or lot containing 4 acres or more in area, may subdivide his lot or tract to create one additional homesite of not less than one acre in area and that there shall remain not less than two acres in the original lot or tract. In no event shall any lot or tract consist of more than two homesites.
9. ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee is composed of Leslie W. Kelly, Noel C. Turner and Hugh A. Nash. A majority of the committee shall control and may designate a representative to act for it, In the event of death or resignation of any member of the committee, the remaining member or members shall have full authority to designate a successor, or successors. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
10. PROCEDURE
The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required, and related covenants shall be deemed to have been fully complied with.
11. LANDSCAPE
No destruction of the natural growth of any lot shall be permitted (except for thinning) and except as may be necessary to be removed in order to carryout uses permitted by these covenants; provided, however, that no timber shall be cut for commercial purposes.
12. GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. Trash and debris may be deposited in area designated and provided by Smoke Rise Development Corporation.
12A. Septic tanks and wells on each of said tracts shall be located and installed according to recommendations and requirements of the State Health Department, and shall be subject to inspections for proper compliances therewith by the Blount County Health Department
13. RIGHT TO REPURCHASE
Smoke Rise Development Corporation, a corporation hereby reserves the right to repurchase any lot (improved or unimproved) from any person or persons at a price not less than that which said person or persons have been offered by a bona fide purchaser and which the lot or tract owner is willing to accept. The right to repurchase shall run for ten (10) days from the time Smoke Rise Development Corporation, a corporation, has received in writing from any seller notice of intent to sell, stating the sales price, terms of sale, and the name of purchaser or purchasers. The right to repurchase shall be subject and subordinate to the lien of any existing valid mortgage upon any such lot or tract, which lien shall not be subordinated or otherwise affected or disturbed by such right; nor shall such right to repurchase affect the title thereto obtained through or after foreclosure of any such mortgage.
14. TERM
These covenants are to run with the land and shall be binding on all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part.15. AMENDMENT
Smoke Rise Development Corporation, a corporation, reserves the right to amend or alter these covenants at such time as it is deemed, in its unrestricted and sole discretion to be in the best interest of the property owners.
16. ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any protective covenants, either to restrain violation or to recover damages.
17. SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
PROTECTIVE COVENANTS FOR SMOKE RISE
BLOUNT COUNTY, ALABAMA
SECTOR THREE (3)Whereas , Smoke Rise Development Corporation, a corporation, is the owner of the lands comprising Smoke Rise, Sector three, situated in Blount County, Alabama and being part of Sections 23 and 26, Township 13 South, Range 3 West, Blount County, Alabama and
Whereas, Smoke Rise, Sector Three, had been subdivided into 73 tracts being numbered from 305 through 377, according to a map or plat of the same dated the 10th day of December, 1969, as prepared by Raymond Shackleford, Registered Land Surveyor, Registration Number 4092, and recorded in map or plat book 2A at page 315, in the office of the Judge of Probate, Blount County, Alabama and
Whereas, it is desired by said owner before any of said lots or parcels of ground in said subdivision shall be sold or conveyed, to fix and establish certain restrictions as to the use and enjoyment of such lots and properties in said plat, except as to Tract 341, which
is specifically excluded from the provisions of these protective covenants, for the protection of all owners of said properties or tracts.
Now, therefore, the undersigned Smoke Rise Development Corporation, a corporation, does by these presents establish and adopt Protective Covenants or Restrictions as to the future use of the tracts or parcels of land embraced in said plat, except as to tract 341, as hereinabove excepted, and does grant to the future owners of any part of the land embraced in said plat, the right to enforce said restrictions as hereinafter set forth:1. LAND USE AND BUILDING TYPE
No tract shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any tract other than the detached single-family dwelling not to exceed two stories in height. Permitted will be horticultural and agricultural uses and garden, greenhouses and structures incidental thereto customary to residential occupancy provided no sales of the products are to be made on the premises, but not including commercial animal, livestock or poultry farms or kennels. Permitted will be accessory structures (such as private garages, servant houses, stables, summer houses and guest houses) customarily incidental to residential occupancy: provided that the servant houses and summer and guest houses shall be permitted only as accessory to the single-family dwellings; and provided further that any stable, or other structure housing livestock, shall be located to the rear of said lot. The permitting of livestock as provided herein, is limited to non-commercial use of said tract in connection with livestock, and no horses will be permitted to be kept on any tract less than 2.5 acres in area. Accessory structures incidental to other permitted uses shall be located so as to
conform to front and side building set back line requirements established for such uses, and shall be located to the rear of said tract.2. ARCHITECTURAL CONTROL
No building shall be erected, placed or altered on any lot or any tract until the construction plans and a plan showing the location of the structure has been approved by the Architectural Control Committee, (as established in Section 9), as to the quality or workmanship and material harmony of external design with existing structures, and as to the location with respect to topography. Approval shall be as provided in Section 10.
3. QUALITY AND SIZE
It is the intention and purpose of these covenants to assure that all dwellings within
Each of the two different areas comprised of tracts as set out in sub-paragraph “a” through “b” hereafter, shall be of a quality of workmanship and materials substantially the same for the tracts in each of said respective areas and furthermore, to insure that
The requirements as to the size of the dwellings are maintained. The following minimum
Requirements are incorporated herewith for the respective areas including each tract as set out in paragraph “a” through “b” hereafter, are as follows:a. The ground floor living area of the main structure, exclusive of one story open porches and garages, shall not be less than one thousand six hundred fifty (1650) square feet for tracts 305 through307 , inclusive, 309through315, inclusive, and 317 through 340 inclusive, 342 and 345 through 377 inclusive.
b. The ground floor living area of the main structure, exclusive of one story open porches and garages, shall not be less than one thousand five hundred (1,500) square feet for tracts 308, 316, 343 and 344.
c. The minimum requirements as established in paragraphs “a” and “b” above may be waived by the Architectural Control Committee for special purposes if house is of unusual or unique design.
d. All structures erected on any tract covered by these Restrictions and Protective covenants shall be of new materials and built in a good and workmanlike manner and the exterior of no structure shall consist of concrete block or novelty sidings. All structures shall be kept in good repair and condition and shall be maintained so as to prevent an unsightly appearance and condition.
4. BUILDING LOCATION
No building shall be located on any lot nearer than 50 feet to the front line and no building shall be erected on any tract nearer to the side tract lines than 25 feet. For the purpose of this covenant, eaves, steps and open porches shall not be considered a part of the building, provided, however that this shall not be construed to permit any portion of the building on a lot to encroach upon another lot or tract. Right is reserved in the Architectural Control Committee to waive minor violations of the restrictions set forth in this paragraph.
5. EASEMENTS
Smoke Rise Development Corporation reserves the right to grant easements for the installation and maintenance of utilities along the public roads as shown on the recorded plat.
6. NUISANCES
No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No commercial establishments, such as commercial home shops, automobile repair shops or storage use shall be permitted at anytime upon any tract covered by these restrictions7. TEMPORARY STRUCTURES
No structure of temporary character, house trailer, basement, tent, shack, garage, barn or other out-building shall be used on any tract at anytime as a residence, either temporarily or permanently.
8. FURTHER SUBDIVIDING
No tract shall be subdivided or reduced in size by voluntary alienation, judicial sale or other proceedings by any lot or tract owner, provided however that Smoke Rise Development Corporation, reserves the right to sell a part of any tract for a homesite so long as the part so sold contains not less than one acre and there remains not less than one acre left in the original tract; and provided further, that any lot or tract owner may sell a portion of his lot or tract to adjoining lot or tract owner so long as there remains not less than on acre left in the original tract; and provided further that the owner of any tract or lot containing 4 acres or more in area, may subdivide his lot or tract to create one additional homesite of not less than 1 acre in area and that there shall remain not less than 2 acres in the original lot or tract. In no event shall any lot or tract consist of more than 2 homesites.
9. ARCHITECTURAL CONTROL COMMITTEEThe Architectural Control Committee is composed of Leslie W. Kelly, Noel C. Turner and Hugh A. Nash. A majority of the committee shall control and may designate a representative to act for it, In the event of death or resignation of any member of the committee, the remaining member or members shall have full authority to designate a successor, or successors. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
10. PROCEDURE
The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required, and related covenants shall be deemed to have been fully complied with.
11. LANDSCAPE
No destruction of the natural growth of any lot shall be permitted (except for thinning) and except as may be necessary to be removed in order to carryout uses permitted by these covenants; provided, however, that no timber shall be cut for commercial purposes.
12. GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. Trash and debris may be deposited in area designated and provided by Smoke Rise Development Corporation.
12A. Septic tanks and wells on each of said tracts shall be located and installed according to recommendations and requirements of the State Health Department, and shall be subject to inspections for proper compliances therewith by the Blount County Health Department
13. RIGHT TO REPURCHASE
Smoke Rise Development Corporation, a corporation hereby reserves the right to repurchase any lot (improved or unimproved) from any person or persons at a price not less than that which said person or persons have been offered by a bona fide purchaser and which the lot or tract owner is willing to accept. The right to repurchase shall run for ten (10) days from the time Smoke Rise Development Corporation, a corporation, has received in writing from any seller notice of intent to sell, stating the sales price, terms of sale, and the name of purchaser or purchasers. The right to repurchase shall be subject and subordinate to the lien of any existing valid mortgage upon any such lot or tract, which lien shall not be subordinated or otherwise affected or disturbed by such right; nor shall such right to repurchase affect the title thereto obtained through or after foreclosure of any such mortgage.
14. TERM
These covenants are to run with the land and shall be binding on all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part.15. AMENDMENT
Smoke Rise Development Corporation, a corporation, reserves the right to amend or alter these covenants at such time as it is deemed, in its unrestricted and sole discretion to be in the best interest of the property owners.
16. ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any protective covenants, either to restrain violation or to recover damages.
17. SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
PROECTIVE COVENANTS FOR SMOKE RISE
BLOUNT COUNTY, ALABAMA
SECTOR FOUR (4)
Whereas , Smoke Rise Development Corporation, a corporation, is the owner of the lands comprising Smoke Rise, Sector four, situated in Blount County, Alabama and being part of Sections 22, 23 , 26 and 27, Township 13 South, Range 3 West, Blount County, Alabama and
Whereas, Smoke Rise, Sector Four, has been subdivided into 118 tracts being numbered from 378 to 495 inclusive,, according to a map or plat of the same dated the 3rd day of June, 1970, as prepared by Raymond Shackleford, Registered Land Surveyor, Registration Number 4092, and recorded in map or plat book 2A at page 322, in the office of the Judge of Probate, Blount County, Alabama and
Whereas, it is desired by said owner before any of said lots or parcels of ground in said subdivision shall be sold or conveyed, to fix and establish certain restrictions as to the use and enjoyment of such lots and properties in said plat, except as to Tracts 378, 379, 380, 381, 429, 438 and 493 which are specifically excluded from the provisions of these protective covenants, for the protection of all owners of said properties or tracts,
Now therefore, the undersigned Smoke Rise Development Corporation, a corporation, does by these presents establish and adopt Protective Covenants or Restrictions as to the future use of the tracts or parcels of land embraced in said plat, except as to tracts 378, 379, 380, 381, 382, 429, 438, and 493, as hereinabove excepted, and does grant to the future owners of any part of the land embraced in said plat, the right to enforce said restrictions as hereinafter set forth:
1. LAND USE AND BUILDING TYPE
No tract shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any tract other than the detached single-family dwelling not to exceed two stories in height. Permitted will be horticultural and agricultural uses and garden, greenhouses and structures incidental thereto customary to residential occupancy provided no sales of the products are to be made on the premises, but not including commercial animal, livestock or poultry farms or kennels. Permitted will be accessory structures (such as private garages, servant houses, stables, summer houses and guest houses) customarily incidental to residential occupancy: provided that the servant houses and summer and guest houses shall be permitted only as accessory to the single-family dwellings; and provided further that any stable, or other structure housing livestock, shall be located to the rear of said lot. The permitting of livestock as provided herein, is limited to non-commercial use of said tract in connection with livestock, and no horses will be permitted to be kept on any tract less than 2 acres in area. Accessory structures incidental to other permitted uses shall be located so as to
conform to front and side building set back line requirements established for such uses, and shall be located to the rear of said tract.
2. ARCHITECTURAL CONTROL
No building shall be erected, placed or altered on any lot or any tract until the construction plans and a plan showing the location of the structure has been approved by the Architectural Control Committee, (as established in Section 9), as to the quality or workmanship and material harmony of external design with existing structures, and as to the location with respect to topography. Approval shall be as provided in Section 10.
3. QUALITY AND SIZE
It is the intention and purpose of these covenants to assure that all dwellings within
Each of the two different areas comprised of tracts as set out in sub-paragraph “a” through “b” hereafter, shall be of a quality of workmanship and materials substantially the same for the tracts in each of said respective areas and furthermore, to insure that
The requirements as to the size of the dwellings are maintained. The following minimum
Requirements are incorporated herewith for the respective areas including each tract as set out in paragraph “a” through “b” hereafter, are as follows:a. The ground floor living area of the main structure exclusive of one story open porches and garages shall be not less than 1650 square feet for tracts 383, 427 and 428 inclusive.
b. All other tracts which are made subject to these Protective Covenants and Restrictions
shall be as follows:
1. For a one story house, there shall be not less than 1850 square feet of living area of the main structure, exclusive of one story open porches and garages and not including any basement area.
2. For “split level” there shall not be less than 1850 square feet of living area of the main structure, exclusive of open porches and garages which include both upper and lower level, but not including any area under the upper level or a basement.
3. For a “split foyer house” there shall not be les than 2000 square feet of living are of the main structure, not including open porches and garages, with not more than 30% of the lower area of said house to be considered “living space”.
4. For a two story house there shall not be less than 2200 square feet of living area exclusive of one story open porches and garages.c. The minimum requirements as established in paragraphs “a” and “b” above, may be waived by the Architectural Control Committee for special purposes if of unusual and unique design.
d. All structures erected on any tracts covered by these Restrictions and Protective Covenants shall be of new materials and built in a good and workmanlike manner and the exterior of no structure shall consist of concrete blocks or novelty sidings. All structures shall be kept in good repair and condition and shall be maintained so as to prevent an unsightly appearance and condition.4. BUILDING LOCATION
No building shall be located on any lot nearer than 50 feet to the front line and no building shall be erected on any tract nearer to the side tract lines than 25 feet. For the purpose of this covenant, eaves, steps and open porches shall not be considered a part of the building, provided, however that this shall not be construed to permit any portion of the building on a lot to encroach upon another lot or tract. Right is reserved in the Architectural Control Committee to waive minor violations of the restrictions set forth in this paragraph.
5. EASEMENTS
Smoke Rise Development Corporation reserves the right to grant easements for the installation and maintenance of utilities along the public roads as shown on the recorded plat.
6. NUISANCES
No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No commercial establishments, such as commercial home shops, automobile repair shops or storage use shall be permitted at anytime upon any tract covered by these restrictions7. TEMPORARY STRUCTURES
No structure of temporary character, house trailer, basement, tent, shack, garage, barn or other out-building shall be used on any tract at anytime as a residence, either temporarily or permanently.
8. FURTHER SUBDIVIDING
No tract shall be subdivided or reduced in size by voluntary alienation, judicial sale or other proceedings by any lot or tract owner, provided however that Smoke Rise Development Corporation, reserves the right to sell a part of any tract for a homesite so long as the part so sold contains not less than one acre and there remains not less than one acre left in the original tract. In no event shall any lot or tract consist of more than 2 homesites.
9. ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee is composed of Leslie W. Kelly, Noel C. Turner and Hugh A. Nash. A majority of the committee shall control and may designate a representative to act for it, In the event of death or resignation of any member of the committee, the remaining member or members shall have full authority to designate a successor, or successors. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
10. PROCEDURE
The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required, and related covenants shall be deemed to have been fully complied with.
11. LANDSCAPE
a. No destruction of the natural growth of any lot shall be permitted (except for thinning) and except as may be necessary to be removed in order to carryout uses permitted by these covenants; provided, however, that no timber shall be cut for commercial purposes.
b.All fencing placed upon the lands covered by these Protective Covenants and Restrictions shall be subject to the approval of the Architectural Control Committee as provided in Section 10, or special fencing plans may be submitted to said Committee from time to time as desired by said tract or property owner, and shall be subject to the same procedure as provided in Section 10 above.
12. GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. Trash and debris may be deposited in area designated and provided by Smoke Rise Development Corporation.
13. SEPTIC TANKS AND WELLS
Septic tanks and wells on each of said tracts shall be located and installed according
to recommendations and requirements of the State Health Department, and shall be
subject to inspections for proper compliances therewith by the Blount County Health
Department
14. RIGHT TO REPURCHASE
Smoke Rise Development Corporation, a corporation hereby reserves the right to repurchase any lot (improved or unimproved) from any person or persons at a price not less than that which said person or persons have been offered by a bona fide purchaser and which the lot or tract owner is willing to accept. The right to repurchase shall run for ten (10) days from the time Smoke Rise Development Corporation, a corporation, has received in writing from any seller notice of intent to sell, stating the sales price, terms of sale, and the name of purchaser or purchasers. The right to repurchase shall be subject and subordinate to the lien of any existing valid mortgage upon any such lot or tract, which lien shall not be subordinated or otherwise affected or disturbed by such right; nor shall such right to repurchase affect the title thereto obtained through or after foreclosure of any such mortgage.
15. TERM
These covenants are to run with the land and shall be binding on all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part.16. AMENDMENT
Smoke Rise Development Corporation, a corporation, reserves the right to amend or alter these covenants at such time as it is deemed, in its unrestricted and sole discretion to be in the best interest of the property owners.
17. ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any protective covenants, either to restrain violation or to recover damages.
18. SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
PROTECTIVE COVENANTS FOR SMOKE RISE
BLOUNT COUNTY
SECTOR FIVE (5)Whereas , Smoke Rise Development Corporation, a corporation, is the owner of the lands comprising Smoke Rise, Sector five, situated in Blount County, Alabama and being part of Sections 14, 15, 22 and 23 ,Township 13 South, Range 3 West, Blount County, Alabama and
Whereas, Smoke Rise, Sector five, had been subdivided into 147 tracts being numbered
consecutively from 496 through 641, according to a map or plat of the same dated the 30th day of November, 1970, as prepared by Raymond Shackleford, Registered Land Surveyor, Registration Number 4092, and recorded in map or plat book 2-A at page 334, in the office of the Judge of Probate, Blount County, Alabama and
Whereas, it is desired by said owner before any of said lots or parcels of ground in said subdivision shall be sold or conveyed, to fix and establish certain restrictions as to the use and enjoyment of such lots and properties in said plat, except as to Tracts 546,547 and 642, which are specifically excluded from the provisions of these protective covenants, for the protection of all owners of said properties or tracts.;
Now therefore, the undersigned Smoke Rise Development Corporation, a corporation, does by these presents establish and adopt Protective Covenants or Restrictions as to the future use of the tracts or parcels of land embraced in said plat, except as to tracts
546, 547, and 642, as hereinabove excepted, and does grant to the future owners of any part of the land embraced in said plat, the right to enforce said restrictions as hereinafter set forth:1. LAND USE AND BUILDING TYPE
No tract shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any tract other than the detached single-family dwelling not to exceed two stories in height. Permitted will be horticultural and agricultural uses and garden, greenhouses and structures incidental thereto customary to residential occupancy provided no sales of the products are to be made on the premises, but not including commercial animal, livestock or poultry farms or kennels. Permitted will be accessory structures (such as private garages, servant houses, stables, summer houses and guest houses) customarily incidental to residential occupancy: provided that the servant houses and summer and guest houses shall be permitted only as accessory to the single-family dwellings; and provided further that any stable, or other structure housing livestock, shall be located to the rear of said lot. The permitting of livestock as provided herein, is limited to non-commercial use of said tract in connection with livestock, and no horses will be permitted to be kept on any tract less than 1.25 acres in area. Livestock will be permitted except on Tract 523. Accessory structures incidental to other permitted uses shall be located so as to conform to front and side building set back line requirements established for such uses, and shall be located to the rear of said tract.
2. ARCHITECTURAL CONTROL
No building shall be erected, placed or altered on any lot or any tract until the construction plans and a plan showing the location of the structure has been approved by the Architectural Control Committee, (as established in Section 9), as to the quality or workmanship and material harmony of external design with existing structures, and as to the location with respect to topography. Approval shall be as provided in Section 10.
3. QUALITY AND SIZE
It is the intention and purpose of these covenants to assure that all dwellings within
Each of the two different areas comprised of tracts as set out in sub-paragraph “a” through “b” hereafter, shall be of a quality of workmanship and materials substantially the same for the tracts in each of said respective areas and furthermore, to insure that
The requirements as to the size of the dwellings are maintained. The following minimum
Requirements are incorporated herewith for the respective areas including each tract as set out in paragraph “a” through “b” hereafter, are as follows:a. The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than one thousand two hundred fifty, (1250) square feet for tracts 496 through 508, inclusive, 525 through 545, inclusive, 548 through 570, inclusive, 579 through 580, inclusive and 609 through 617, inclusive.
b. The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than one thousand (1,000) square feet for tracts 509 through 524, inclusive, 571 through 578 inclusive,581 through 608, inclusive and 618 through 641 inclusive.
c. The minimum requirements as established in paragraphs “a” and “b” above may be waived by the Architectural Control Committee for special purpose houses if of unusual and unique design.d. All structures erected on any tracts covered by these Protective Covenants shall be of new materials and built in a good and workmanlike manner and the exterior of no structure shall consist of concrete block or novelty siding. All structures shall be kept in good repair and condition and shall be maintained so as to prevent an unsightly appearance and condition.
4. BUILDING LOCATION
No building shall be located on any lot nearer than 50 feet to the front line and no building shall be erected on any tract nearer to the side tract lines than 25 feet. For the purpose of this covenant, eaves, steps and open porches shall not be considered a part of the building, provided, however that this shall not be construed to permit any portion of the building on a lot to encroach upon another lot or tract. Right is reserved in the Architectural Control Committee to waive minor violations of the restrictions set forth in this paragraph.
5. EASEMENTS
Smoke Rise Development Corporation reserves the right to grant easements for the installation and maintenance of utilities along the public roads as shown on the recorded plat.
6. NUISANCES
No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No commercial establishments, such as commercial home shops, automobile repair shops or storage use shall be permitted at anytime upon any tract covered by these restrictions7. TEMPORARY STRUCTURES
No structure of temporary character, house trailer, basement, tent, shack, garage, barn or other out-building shall be used on any tract at anytime as a residence, either temporarily or permanently.
8. FURTHER SUBDIVIDING
No tract shall be subdivided or reduced in size by voluntary alienation, judicial sale or other proceedings by any lot or tract owner, provided however that Smoke Rise Development Corporation, reserves the right to sell a part of any tract for a homesite so long as the part so sold contains not less than ¾ an acre and there remains not less than ¾ an acre left in the original tract; and provided further, that any lot or tract owner may sell a portion of his lot or tract to adjoining lot or tract owner so long as there remains not less than on acre left in the original tract; and provided further that the owner of any tract or lot containing 3 acres or more in area, may subdivide his lot or tract to create one additional homesite of not less than 1 acre in area and that there shall remain not less than 2 acres in the original lot or tract. In no event shall any lot or tract consist of more than 2 homesites.
9. ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee is composed of Leslie W. Kelly, Noel C. Turner and Hugh A. Nash. A majority of the committee shall control and may designate a representative to act for it, In the event of death or resignation of any member of the committee, the remaining member or members shall have full authority to designate a successor, or successors. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
10. PROCEDURE
The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required, and related covenants shall be deemed to have been fully complied with.
11. LANDSCAPE
No destruction of the natural growth of any lot shall be permitted (except for thinning) and except as may be necessary to be removed in order to carryout uses permitted by these covenants; provided, however, that no timber shall be cut for commercial purposes.
12. GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. Trash and debris may be deposited in area designated and provided by Smoke Rise Development Corporation.
12A. Septic tanks and wells on each of said tracts shall be located and installed according to recommendations and requirements of the State Health Department, and shall be subject to inspections for proper compliances therewith by the Blount County Health Department
13. RIGHT TO REPURCHASE
Smoke Rise Development Corporation, a corporation hereby reserves the right to repurchase any lot (improved or unimproved) from any person or persons at a price not less than that which said person or persons have been offered by a bona fide purchaser and which the lot or tract owner is willing to accept. The right to repurchase shall run for ten (10) days from the time Smoke Rise Development Corporation, a corporation, has received in writing from any seller notice of intent to sell, stating the sales price, terms of sale, and the name of purchaser or purchasers. The right to repurchase shall be subject and subordinate to the lien of any existing valid mortgage upon any such lot or tract, which lien shall not be subordinated or otherwise affected or disturbed by such right; nor shall such right to repurchase affect the title thereto obtained through or after foreclosure of any such mortgage.
14. TERM
These covenants are to run with the land and shall be binding on all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part.15. AMENDMENT
Smoke Rise Development Corporation, a corporation, reserves the right to amend or alter these covenants at such time as it is deemed, in its unrestricted and sole discretion to be in the best interest of the property owners.
16. ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any protective covenants, either to restrain violation or to recover damages.
17. SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
PROTECTIVE COVENANT FOR SMOKE RISE
BLOUNT COUNTY, ALABAMA
SECTOR SIX (6)Whereas , Smoke Rise Development Corporation, a corporation, is the owner of the lands comprising Smoke Rise, Sector six, situated in Blount County, Alabama and being part of Sections 15, 21 and 22, Township 13 South, Range 3 West, Blount County, Alabama and
Whereas, Smoke Rise, Sector six, has been subdivided into 109 tracts being numbered consecutively from 642 through 750, according to a map or plat of the same dated the 30th day of October, 1971, as prepared by Raymond Shackleford, Registered Land Surveyor, Registration Number 4092, and recorded in map or plat book 2-A at page 359, in the office of the Judge of Probate, Blount County, Alabama and
Whereas, it is desired by said owner before any of said lots or parcels of ground in said subdivision shall be sold or conveyed, to fix and establish certain restrictions as to the use and enjoyment of such lots and properties in said plat, except as to Tracts 642, 643,644,704,705,707,709 and 711 which are specifically excluded from the provisions of these protective covenants, for the protection of all owners of said properties or tracts.
Now, therefore, the undersigned Smoke Rise Development Corporation, a corporation, does by these presents establish and adopt Protective Covenants or Restrictions as to the future use of the tracts or parcels of land embraced in said plat, except as to tracts
642,643,644,704,705,707,709 and 711, as hereinabove excepted, and does grant to the future owners of any part of the land embraced in said plat, the right to enforce said restrictions as hereinafter set forth:1. LAND USE AND BUILDING TYPE
No tract shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any tract other than the detached single-family dwelling not to exceed two stories in height. Permitted will be horticultural and agricultural uses and garden, greenhouses and structures incidental thereto customary to residential occupancy provided no sales of the products are to be made on the premises, but not including commercial animal, livestock or poultry farms or kennels. Permitted will be accessory structures (such as private garages, servant houses, stables, summer houses and guest houses) customarily incidental to residential occupancy: provided that the servant houses and summer and guest houses shall be permitted only as accessory to the single-family dwellings; and provided further that any stable, or other structure housing livestock, shall be located to the rear of said lot. The permitting of livestock as provided herein, is limited to non-commercial use of said tract in connection with livestock, and no horses will be permitted to be kept on any tract less than 2.5 acres in area. Accessory structures incidental to other permitted uses shall be located so as to
conform to front and side building set back line requirements established for such uses, and shall be located to the rear of said tract.
2. ARCHITECTURAL CONTROL
No building shall be erected, placed or altered on any lot or any tract until the construction plans and a plan showing the location of the structure has been approved by the Architectural Control Committee, (as established in Section 9), as to the quality or workmanship and material harmony of external design with existing structures, and as to the location with respect to topography. Approval shall be as provided in Section 10.
3. QUALITY AND SIZE
It is the intention and purpose of these covenants to assure that all dwellings within
Each of the three different areas comprised of tracts as set out in sub-paragraph “a” through “b” and “c”hereafter, shall be of a quality of workmanship and materials substantially the same for the tracts in each of said respective areas and furthermore, to insure that
The requirements as to the size of the dwellings are maintained. The following minimum
Requirements are incorporated herewith for the respective areas including each tract as set out in paragraph “a”, “b”, and “c” hereafter, are as follows:a. The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than one thousand five hundred (1,500) square feet for tracts 645 through 654, inclusive, 656 through 703, inclusive, and 706 and 750.
b.The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than one thousand two hundred(1,200) square feet for tracts 708, 710 and 712 through 749, inclusive,.
c.The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than one thousand four hundred (1,400) square feet for tract 655.
d.The minimum requirements as established in paragraphs “a”,”b”, and “c” above, may be waived by the Architectural Control Committee for special purpose houses if of unusual and unique design.
e. All structures erected on any tracts covered by these Protective Covenants shall be of new materials and built in a good and workmanlike manner and the exterior of no structure shall consist of concrete block or novelty siding. All structures shall be kept in good repair and condition and shall be maintained so as to prevent an unsightly appearance and condition.
4. BUILDING LOCATION
No building shall be located on any lot nearer than 50 feet to the front line and no building shall be erected on any tract nearer to the side tract lines than 25 feet. For the purpose of this covenant, eaves, steps and open porches shall not be considered a part of the building, provided, however that this shall not be construed to permit any portion of the building on a lot to encroach upon another lot or tract. Right is reserved in the Architectural Control Committee to waive minor violations of the restrictions set forth in this paragraph.
5. EASEMENTS
Smoke Rise Development Corporation reserves the right to grant easements for the installation and maintenance of utilities along the public roads as shown on the recorded plat.
6. NUISANCES
No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No commercial establishments, such as commercial home shops, automobile repair shops or storage use shall be permitted at anytime upon any tract covered by these restrictions7. TEMPORARY STRUCTURES
No structure of temporary character, house trailer, basement, tent, shack, garage, barn or other out-building shall be used on any tract at anytime as a residence, either temporarily or permanently.
8. FURTHER SUBDIVIDING
No tract shall be subdivided or reduced in size by voluntary alienation, judicial sale or other proceedings by any lot or tract owner, provided however that Smoke Rise Development Corporation, reserves the right to sell a part of any tract for a homesite so long as the part so sold contains not less than one acre and there remains not less than one acre left in the original tract; and provided further, that any lot or tract owner may sell a portion of his lot or tract to adjoining lot or tract owner so long as there remains not less than on acre left in the original tract; and provided further that the owner of any tract or lot containing 4 acres or more in area, may subdivide his lot or tract to create one additional homesite of not less than 1 acre in area and that there shall remain not less than 2 acres in the original lot or tract. In no event shall any lot or tract consist of more than 2 homesites.
9. ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee is composed of Leslie W. Kelly, Noel C. Turner and Hugh A. Nash. A majority of the committee shall control and may designate a representative to act for it, In the event of death or resignation of any member of the committee, the remaining member or members shall have full authority to designate a successor, or successors. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
10. PROCEDURE
The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required, and related covenants shall be deemed to have been fully complied with.
11. LANDSCAPE
No destruction of the natural growth of any lot shall be permitted (except for thinning) and except as may be necessary to be removed in order to carryout uses permitted by these covenants; provided, however, that no timber shall be cut for commercial purposes.
12. GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. Trash and debris may be deposited in area designated and provided by Smoke Rise Development Corporation.
12A. Septic tanks and wells on each of said tracts shall be located and installed according to recommendations and requirements of the State Health Department, and shall be subject to inspections for proper compliances therewith by the Blount County Health Department
13. RIGHT TO REPURCHASE
Smoke Rise Development Corporation, a corporation hereby reserves the right to repurchase any lot (improved or unimproved) from any person or persons at a price not less than that which said person or persons have been offered by a bona fide purchaser and which the lot or tract owner is willing to accept. The right to repurchase shall run for ten (10) days from the time Smoke Rise Development Corporation, a corporation, has received in writing from any seller notice of intent to sell, stating the sales price, terms of sale, and the name of purchaser or purchasers. The right to repurchase shall be subject and subordinate to the lien of any existing valid mortgage upon any such lot or tract, which lien shall not be subordinated or otherwise affected or disturbed by such right; nor shall such right to repurchase affect the title thereto obtained through or after foreclosure of any such mortgage.
14. TERM
These covenants are to run with the land and shall be binding on all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part.15. AMENDMENT
Smoke Rise Development Corporation, a corporation, reserves the right to amend or alter these covenants at such time as it is deemed, in its unrestricted and sole discretion to be in the best interest of the property owners.
16. ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any protective covenants, either to restrain violation or to recover damages.
17. SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
PROTECTIVE COVENANTS FOR SMOKE RISE
BLOUNT COUNTY, ALABAMA
SECTOR SEVEN (7)Whereas , Smoke Rise Development Corporation, a corporation, is the owner of the lands comprising Smoke Rise, Sector seven, situated in Blount County, Alabama and being part of Section 27, Township 13 South, Range 3 West, Blount County, Alabama and
Whereas, Smoke Rise, Sector Seven, has been subdivided into 17 tracts being numbered consecutively from
751 through 767,according to a map or plat of the same dated June 14th , 1972 as prepared by Frank Hollis, Registered Land Surveyor, Registration Number 9323, and recorded in map or plat book 2-A at page 375, in the office of the Judge of Probate, Blount County, Alabama and
Whereas, it is desired by said owner before any of said lots or parcels of ground in said subdivision shall be sold or conveyed, to fix and establish certain restrictions as to the use and enjoyment of such lots and properties in said plat, except as to Tract 758, which is specifically excluded from the provisions of these Protective Covenants, for the protection of all owners of said properties or tracts.
Now, therefore, the undersigned Smoke Rise Development Corporation, a corporation, does by these presents establish and adopt Protective Covenants or Restrictions as to the future use of the tracts or parcels of land embraced in said plat, except as to tract 758, as hereinabove excepted and does grant to the future owners of any part of the land embraced in said plat, the right to enforce said restrictions as hereinafter set forth. .1. LAND USE AND BUILDING TYPE
No tract shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any tract other than the detached single-family dwelling not to exceed two stories in height. Permitted will be horticultural and agricultural uses and garden, greenhouses and structures incidental thereto customary to residential occupancy provided no sales of the products are to be made on the premises, but not including commercial animal, livestock or poultry farms or kennels. Permitted will be accessory structures (such as private garages, servant houses, stables, summer houses and guest houses) customarily incidental to residential occupancy: provided that the servant houses and summer and guest houses shall be permitted only as accessory to the single-family dwellings; and provided further that any stable, or other structure housing livestock, shall be located to the rear of said lot. The permitting of livestock as provided herein, is limited to non-commercial use of said tract in connection with livestock, and no horses will be permitted to be kept on any tract less than 2.5 acres in area. Accessory structures incidental to other permitted uses shall be located so as to
conform to front and side building set back line requirements established for such uses, and shall be located to the rear of said tract.2. ARCHITECTURAL CONTROL
No building shall be erected, placed or altered on any lot or any tract until the construction plans and a plan showing the location of the structure has been approved by the Architectural Control Committee, (as established in Section 9), as to the quality or workmanship and material harmony of external design with existing structures, and as to the location with respect to topography. Approval shall be as provided in Section 10.
3. QUALITY AND SIZE
It is the intention and purpose of these covenants to assure that all dwellings with
the tracts comprising Sector Seven, shall be of a quality of workmanship and materials substantially the same for the tracts in each of said surrounding areas and furthermore, to insure that the requirements as to the size of the dwellings are maintained. The following minimum requirements are incorporated herewith for the respective tracts in Sector Seven as follows:a. The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than one thousand five hundred (1,500) square feet
b.The minimum requirements as established in paragraph “a” above may be waived by the Architectural Control Committee for special purpose houses if of unusual and unique design.
c.All structures erected on any tracts covered by these Restrictions and Protective Covenants shall be of new materials and built in a good and workmanlike manner and the exterior of no structure shall consist of concrete block or novelty sidings. All structures shall be kept in good repair and condition and shall be maintained so as to prevent an unsightly appearance and condition.4. BUILDING LOCATION
No building shall be located on any lot nearer than 50 feet to the front line and no building shall be erected on any tract nearer to the side tract lines than 25 feet. For the purpose of this covenant, eaves, steps and open porches shall not be considered a part of the building, provided, however that this shall not be construed to permit any portion of the building on a lot to encroach upon another lot or tract. Right is reserved in the Architectural Control Committee to waive minor violations of the restrictions set forth in this paragraph.
5. EASEMENTS
Smoke Rise Development Corporation reserves the right to grant easements for the installation and maintenance of utilities along the public roads as shown on the recorded plat.
6. NUISANCES
No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No commercial establishments, such as commercial home shops, automobile repair shops or storage use shall be permitted at anytime upon any tract covered by these restrictions7. TEMPORARY STRUCTURES
No structure of temporary character, house trailer, basement, tent, shack, garage, barn or other out-building shall be used on any tract at anytime as a residence, either temporarily or permanently.
8. FURTHER SUBDIVIDING
No tract shall be subdivided or reduced in size by voluntary alienation, judicial sale or other proceedings by any lot or tract owner, provided however that Smoke Rise Development Corporation, reserves the right to sell a part of any tract for a homesite so long as the part so sold contains not less than one acre and there remains not less than one acre left in the original tract; and provided further, that any lot or tract owner may sell a portion of his lot or tract to adjoining lot or tract owner so long as there remains not less than on acre left in the original tract; and provided further that the owner of any tract or lot containing 4 acres or more in area, may subdivide his lot or tract to create one additional homesite of not less than 1 acre in area and that there shall remain not less than 2 acres in the original lot or tract. In no event shall any lot or tract consist of more than 2 homesites.
9. ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee is composed of Leslie W. Kelly, Noel C. Turner and Hugh A. Nash. A majority of the committee shall control and may designate a representative to act for it, In the event of death or resignation of any member of the committee, the remaining member or members shall have full authority to designate a successor, or successors. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
10. PROCEDURE
The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required, and related covenants shall be deemed to have been fully complied with.
11. LANDSCAPE
No destruction of the natural growth of any lot shall be permitted (except for thinning) and except as may be necessary to be removed in order to carryout uses permitted by these covenants; provided, however, that no timber shall be cut for commercial purposes.
12. GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. Trash and debris may be deposited in area designated and provided by Smoke Rise Development Corporation.
12A. Septic tanks and wells on each of said tracts shall be located and installed according to recommendations and requirements of the State Health Department, and shall be subject to inspections for proper compliances therewith by the Blount County Health Department
13. RIGHT TO REPURCHASE
Smoke Rise Development Corporation, a corporation hereby reserves the right to repurchase any lot (improved or unimproved) from any person or persons at a price not less than that which said person or persons have been offered by a bona fide purchaser and which the lot or tract owner is willing to accept. The right to repurchase shall run for ten (10) days from the time Smoke Rise Development Corporation, a corporation, has received in writing from any seller notice of intent to sell, stating the sales price, terms of sale, and the name of purchaser or purchasers. The right to repurchase shall be subject and subordinate to the lien of any existing valid mortgage upon any such lot or tract, which lien shall not be subordinated or otherwise affected or disturbed by such right; nor shall such right to repurchase affect the title thereto obtained through or after foreclosure of any such mortgage.
14. TERM
These covenants are to run with the land and shall be binding on all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part.
15. AMENDMENT
Smoke Rise Development Corporation, a corporation, reserves the right to amend or alter these covenants at such time as it is deemed, in its unrestricted and sole discretion to be in the best interest of the property owners.
16. ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any protective covenants, either to restrain violation or to recover damages.
17. SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
PROTECTIVE COVENANTS FOR SMOKE RISE
BLOUNT COUNTY, ALABAMA
SECTOR NINE (9)
Whereas , Smoke Rise Development Corporation, a corporation, is the owner of the lands comprising Smoke Rise, Sector Nine, situated in Blount County, Alabama and being part of Section 27, Township 13 South, Range 3 West, Blount County, Alabama and
Whereas, Smoke Rise, Sector nine, has been subdivided into 52 tracts being numbered
consecutively from1 through 52, inclusive, according to a map or plat of the same filed for record August 20th , 1971, as recorded in map or plat book Vol.2-A page 351, in the office of the Judge of Probate, Blount County, Alabama and
Whereas, it is desired by said owner, to fix and establish certain restrictions as to the use and enjoyment of such lots and properties in said plat, except as to Tracts 35 and 51 which are specifically excluded from the provisions of these Protective Covenants, for the protection of all the other owners of said properties or tracts.
Now, therefore, the undersigned Smoke Rise Development Corporation, a corporation, does by these presents establish and adopt Protective Covenants, Restrictions and Reservations as to the future use of the tracts or parcels of land embraced in said plat,
of Smoke Rise, Sector Nine as above described except as to tracts 35 and 51 as hereinabove excepted, and does grant to the future owners of any part of the land embraced in said plat, as covered by these Protective Covenants, Restrictions and Reservations the right to enforce said Covenants ,Restrictions, and Reservations as hereinafter set forth:1. LAND AND BUILDING TYPE
No tract shall be used except for residential purposes. Permitted will be all types of houses, customary to residential occupancy, and mobile homes. Also permitted will be horticultural and agricultural uses and gardens, greenhouses and structures incidental thereto customary to residential occupancy (provided no sales of the products are to be made on the premises), but not including commercial animal, livestock or poultry farms or kennels. Permitted will be accessory structures (such as private garages, servant houses, stables, summer houses, and guest houses customarily incidental to residential occupancy; provided that any stable or other structure housing livestock shall be located at the rear of said lot. The permission of livestock as provided herein is limited to non-commercial use of said tract in connection with livestock.
2. EASEMENTS
Smoke Rise Development Corporation reserves the right to grant easements for the installation and maintenance of utilities along the public roads as shown on the recorded plat. Tracts 1, 3,4,51 and 52 are subject to existing easement for “Old Coach Road” as shown on the map or plat of said Smoke Rise, Sector Nine
3. NUISANCES
No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No commercial establishments, such as commercial home shops, automobile repair shops or storage use shall be permitted at anytime upon any tract covered by these restrictions4. TEMPORARY STRUCTURES
No structure of temporary character, house trailer, basement, tent, shack, garage, barn or other out-building shall be used on any tract at anytime as a residence, either temporarily or permanently.
5. GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. Trash and debris may be deposited in area designated and provided by Smoke Rise Development Corporation.
6. SEPTIC TANKS AND WELLS
Septic tanks and wells on each of said tracts shall be located and installed according to recommendations and requirements of the State Health Department, and shall be subject to inspections for proper compliances therewith by the Blount County Health Department
7. RIGHT TO REPURCHASE
Smoke Rise Development Corporation, a corporation hereby reserves the right to repurchase any lot (improved or unimproved) from any person or persons at a price not less than that which said person or persons have been offered by a bona fide purchaser and which the lot or tract owner is willing to accept. The right to repurchase shall run for ten (10) days from the time Smoke Rise Development Corporation, a corporation, has received in writing from any seller notice of intent to sell, stating the sales price, terms of sale, and the name of purchaser or purchasers. The right to repurchase shall be subject and subordinate to the lien of any existing valid mortgage upon any such lot or tract, which lien shall not be subordinated or otherwise affected or disturbed by such right; nor shall such right to repurchase affect the title thereto obtained through or after foreclosure of any such mortgage.
8. TERM
These covenants are to run with the land and shall be binding on all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part.9. AMENDMENT
Smoke Rise Development Corporation, a corporation, reserves the right to amend or alter these covenants at such time as it is deemed, in its unrestricted and sole discretion to be in the best interest of the property owners.
10. ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any protective covenants, either to restrain violation or to recover damages.
11. SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
PROTECTIVE COVENANTS FOR SMOKE RISE
BLOUNT COUNTY, ALABAMA
SECTOR TEN (10)Whereas , Smoke Rise Development Corporation, a corporation, is the owner of the lands comprising Smoke Rise, Sector ten, situated in Blount County, Alabama and being part of Sections 21,22 and 28 Township 13 South, Range 3 West, Blount County, Alabama and
Whereas, Smoke Rise, Sector Ten, has been subdivided into 79 tracts being numbered
consecutively from 768 through 845, according to a map or plat of the same dated the 15th day of January, 1973, as prepared by Frank S. Hollis, Registered Land Surveyor, Registration Number 9323, and recorded in map or plat book 3 at page 4, in the office of the Judge of Probate, Blount County, Alabama and
Whereas, it is desired by said owner before any of said lots or parcels of ground in said subdivision shall be sold or conveyed, to fix and establish certain restrictions as to the use and enjoyment of such lots and properties in said plat, except as to Tracts 795,809 and 828-A, which are specifically excluded from the provisions of these Protective Covenants, for the protection of all owners of said properties or tracts.
Now, therefore, the undersigned Smoke Rise Development Corporation, a corporation, does by these presents establish and adopt Protective Covenants or Restrictions as to the future use of the tracts or parcels of land embraced in said plat, except as to tracts 795,809 and 828-A as hereinabove excepted, and does grant to the future owners of any part of the land embraced in said plat, the right to enforce said restrictions as hereinafter set forth:1. LAND USE AND BUILDING TYPE
No tract shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any tract other than the detached single-family dwelling not to exceed two stories in height. Permitted will be horticultural and agricultural uses and garden, greenhouses and structures incidental thereto customary to residential occupancy provided no sales of the products are to be made on the premises, but not including commercial animal, livestock or poultry farms or kennels. Permitted will be accessory structures (such as private garages, servant houses, stables, summer houses and guest houses) customarily incidental to residential occupancy: provided that the servant houses and summer and guest houses shall be permitted only as accessory to the single-family dwellings; and provided further that any stable, or other structure housing livestock, shall be located to the rear of said lot. The permitting of livestock as provided herein, is limited to non-commercial use of said tract in connection with livestock.. Accessory structures incidental to other permitted uses shall be located so as to conform to front and side building set back line requirements established for such uses, and shall be located to the rear of said lot.
.
2. ARCHITECTURAL CONTROLNo building shall be erected, placed or altered on any lot or any tract until the construction plans and a plan showing the location of the structure has been approved by the Architectural Control Committee, (as established in Section 9), as to the quality or workmanship and material harmony of external design with existing structures, and as to the location with respect to topography. Approval shall be as provided in Section 10.
3. QUALITY AND SIZE
It is the intention and purpose of these covenants to assure that all dwellings within each of
the tracts comprising Sector Seven, shall be of a quality of workmanship and materials substantially the same for the tracts in each of said respective areas and furthermore, to insure that the requirements as to the size of the dwellings are maintained. The following minimum requirements are incorporated herewith for the respective tracts included within these covenants as follows:
The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than one thousand and five hundred (1,500) square feet.4. BUILDING LOCATION
No building shall be located on any lot nearer than 50 feet to the front line and no building shall be erected on any tract nearer to the side tract lines than 25 feet. For the purpose of this covenant, eaves, steps and open porches shall not be considered a part of the building, provided, however that this shall not be construed to permit any portion of the building on a lot to encroach upon another lot or tract. Right is reserved in the Architectural Control Committee to waive minor violations of the restrictions set forth in this paragraph.
5. EASEMENTS
Smoke Rise Development Corporation reserves the right to grant easements for the installation and maintenance of utilities along the public roads as shown on the recorded plat.
6. NUISANCES
No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No commercial establishments, such as commercial home shops, automobile repair shops or storage use shall be permitted at anytime upon any tract covered by these restrictions
7. TEMPORARY STRUCTURES
No structure of temporary character, house trailer, basement, tent, shack, garage, barn or other out-building shall be used on any tract at anytime as a residence, either temporarily or permanently.
8. FURTHER SUBDIVIDING
No tract shall be subdivided or reduced in size by voluntary alienation, judicial sale or other proceedings by any lot or tract owner, provided however that Smoke Rise Development Corporation, reserves the right to sell a part of any tract for a homesite so long as the part so sold contains not less than one acre and there remains not less than one acre left in the original tract; and provided further, that any lot or tract owner may sell a portion of his lot or tract to adjoining lot or tract owner so long as there remains not less than on acre left in the original tract; and provided further that the owner of any tract or lot containing 4 acres or more in area, may subdivide his lot or tract to create one additional homesite of not less than 1 acre in area and that there shall remain not less than 2 acres in the original lot or tract. In no event shall any lot or tract consist of more than 2 homesites.
9. ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee is composed of Leslie W. Kelly, Noel C. Turner and Hugh A. Nash. A majority of the committee shall control and may designate a representative to act for it, In the event of death or resignation of any member of the committee, the remaining member or members shall have full authority to designate a successor, or successors. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
10. PROCEDURE
The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required, and related covenants shall be deemed to have been fully complied with.
11. LANDSCAPE
No destruction of the natural growth of any lot shall be permitted (except for thinning) and except as may be necessary to be removed in order to carryout uses permitted by these covenants; provided, however, that no timber shall be cut for commercial purposes.
12. GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. Trash and debris may be deposited in area designated and provided by Smoke Rise Development Corporation.
12A. Septic tanks and wells on each of said tracts shall be located and installed according to recommendations and requirements of the State Health Department, and shall be subject to inspections for proper compliances therewith by the Blount County Health Department
13. RIGHT TO REPURCHASE
Smoke Rise Development Corporation, a corporation hereby reserves the right to repurchase any lot (improved or unimproved) from any person or persons at a price not less than that which said person or persons have been offered by a bona fide purchaser and which the lot or tract owner is willing to accept. The right to repurchase shall run for ten (10) days from the time Smoke Rise Development Corporation, a corporation, has received in writing from any seller notice of intent to sell, stating the sales price, terms of sale, and the name of purchaser or purchasers. The right to repurchase shall be subject and subordinate to the lien of any existing valid mortgage upon any such lot or tract, which lien shall not be subordinated or otherwise affected or disturbed by such right; nor shall such right to repurchase affect the title thereto obtained through or after foreclosure of any such mortgage.
14. TERM
These covenants are to run with the land and shall be binding on all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part.
15. AMENDMENT
Smoke Rise Development Corporation, a corporation, reserves the right to amend or alter these covenants at such time as it is deemed, in its unrestricted and sole discretion to be in the best interest of the property owners.
16. ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any protective covenants, either to restrain violation or to recover damages.
17. SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
PROTECTIVE COVENANTS FOR SMOKE RISE
BLOUNT COUNTY, ALABAMA
SECTOR ELEVEN (11)
Whereas , Smoke Rise Development Corporation, a corporation, is the owner of the lands comprising Smoke Rise, Sector Eleven, situated in Blount County, Alabama and being part of Section 14,Township 13 South, Range 3 West, Blount County, Alabama and
Whereas, Smoke Rise, Sector eleven, has been subdivided into 36 tracts being
numbered consecutively from 846 through 880 and 862A, according to a map or plat of the same dated the 10th day of December, 1973, as prepared by Frank S. Hollis, Registered Land Surveyor, Registration Number 9323, and recorded in map or plat book 3 at page 24, in the office of the Judge of Probate, Blount County, Alabama and
Whereas, it is desired by said owner, before any of said lots or parcels of ground in said subdivision shall be sold or conveyed, to fix and establish certain restrictions as to the use and enjoyment of such lots and properties in said plat, except as to Tract 862-A which are for the protection of all owners of said properties or tracts:
Now, therefore, the undersigned Smoke Rise Development Corporation, a corporation, does by these presents establish and adopt Protective Covenants or Restrictions as to the future use of the tracts or parcels of land embraced in said plat, except as to tract
862-A as hereinabove excepted, and does grant to the future owners of any part of the land embraced in said plat, the right to enforce said restrictions as hereinafter set forth:1. LAND USE AND BUILDING TYPE
No tract shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any tract other than one detached single-family dwelling not to exceed two stories in height. Permitted will be horticultural and agricultural uses and garden, greenhouses and structures incidental thereto, customary to residential occupancy, provided no sales of the products are to be made on the premises, but not including commercial animal, livestock or poultry farms or kennels. Permitted will be accessory structures (such as private garages, servant houses, stables, summer houses and guest houses) customarily incidental to residential occupancy: provided that the servant houses and summer and guest houses shall be permitted only as accessory to the single-family dwellings; and provided further that any stable, or other structure housing livestock, shall be located to the rear of said lot. The permitting of livestock as provided herein, is limited to non-commercial use of said tract in connection with livestock. Accessory structures incidental to other permitted uses shall be located so as to conform to front and side building set back line requirements established for such uses, and shall be located to the rear of said tract.
2. ARCHITECTURAL CONTROL
No building shall be erected, placed or altered on any lot or any tract until the construction plans and a plan showing the location of the structure has been approved by the Architectural Control Committee, (as established in Section 9), as to the quality or workmanship and material harmony of external design with existing structures, and as to the location with respect to topography. Approval shall be as provided in Section 10.
3. QUALITY AND SIZE
It is the intention and purpose of these covenants to assure that all dwellings within each of
the tracts comprising this sector, shall be of a quality of workmanship and materials substantially the same for the tracts in each of said respective areas and furthermore, to insure that the requirements as to the size of the dwellings are maintained. The following minimum requirements are incorporated herewith for the respective tracts included within these covenants as follows:
The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than one thousand (1,000) square feet.4. BUILDING LOCATION
No building shall be located on any lot nearer than 50 feet to the front line and no building shall be erected on any tract nearer to the side tract lines than 25 feet. For the purpose of this covenant, eaves, steps and open porches shall not be considered a part of the building, provided, however that this shall not be construed to permit any portion of the building on a lot to encroach upon another lot or tract. Right is reserved in the Architectural Control Committee to waive minor violations of the restrictions set forth in this paragraph.
5. EASEMENTS
Smoke Rise Development Corporation reserves the right to grant easements for the installation and maintenance of utilities along the public roads as shown on the recorded plat.
6. NUISANCES
No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No commercial establishments, such as commercial home shops, automobile repair shops or storage use shall be permitted at anytime upon any tract covered by these restrictions
7. TEMPORARY STRUCTURES
No structure of temporary character, house trailer, basement, tent, shack, garage, barn or other out-building shall be used on any tract at anytime as a residence, either temporarily or permanently.
8. FURTHER SUBDIVIDING
No tract shall be subdivided or reduced in size by voluntary alienation, judicial sale or other proceedings by any lot or tract owner, provided however that Smoke Rise Development Corporation, reserves the right to sell a part of any tract for a homesite so long as the part so sold contains not less than one acre and there remains not less than one acre left in the original tract; and provided further, that any lot or tract owner may sell a portion of his lot or tract to adjoining lot or tract owner so long as there remains not less than on acre left in the original tract; and provided further that the owner of any tract or lot containing 4 acres or more in area, may subdivide his lot or tract to create one additional homesite of not less than 1 acre in area and that there shall remain not less than 2 acres in the original lot or tract. In no event shall any lot or tract consist of more than 2 homesites.
9. ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee is composed of Leslie W. Kelly, Noel C. Turner and Hugh A. Nash. A majority of the committee shall control and may designate a representative to act for it, In the event of death or resignation of any member of the committee, the remaining member or members shall have full authority to designate a successor, or successors. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
10. PROCEDURE
The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required, and related covenants shall be deemed to have been fully complied with.
11. LANDSCAPE
No destruction of the natural growth of any lot shall be permitted (except for thinning) and except as may be necessary to be removed in order to carryout uses permitted by these covenants; provided, however, that no timber shall be cut for commercial purposes.
12. GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. Trash and debris may be deposited in area designated and provided by Smoke Rise Development Corporation.
12A. Septic tanks and wells on each of said tracts shall be located and installed according to recommendations and requirements of the State Health Department, and shall be subject to inspections for proper compliances therewith by the Blount County Health Department
13. RIGHT TO REPURCHASE
Smoke Rise Development Corporation, a corporation hereby reserves the right to repurchase any lot (improved or unimproved) from any person or persons at a price not less than that which said person or persons have been offered by a bona fide purchaser and which the lot or tract owner is willing to accept. The right to repurchase shall run for ten (10) days from the time Smoke Rise Development Corporation, a corporation, has received in writing from any seller notice of intent to sell, stating the sales price, terms of sale, and the name of purchaser or purchasers. The right to repurchase shall be subject and subordinate to the lien of any existing valid mortgage upon any such lot or tract, which lien shall not be subordinated or otherwise affected or disturbed by such right; nor shall such right to repurchase affect the title thereto obtained through or after foreclosure of any such mortgage.
14. TERM
These covenants are to run with the land and shall be binding on all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part.
15. AMENDMENT
Smoke Rise Development Corporation, a corporation, reserves the right to amend or alter these covenants at such time as it is deemed, in its unrestricted and sole discretion to be in the best interest of the property owners.
16. ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any protective covenants, either to restrain violation or to recover damages.
17. SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
PROTECTIVE COVENANTS FOR SMOKE RISE
BLOUNT COUNTY, ALABAMA
SECTOR TWELVE (12)Whereas , Smoke Rise Development Corporation, a corporation, is the owner of the lands comprising Smoke Rise, Sector Twelve, situated in Blount County, Alabama and being a part of Sections 15, 22, 23, 26 and 27,Township 13 South, Range 3 West, Blount County, Alabama and
Whereas, Smoke Rise, Sector Twelve, has been subdivided into 34 tracts being
numbered consecutively from 881 through 914 according to a map or plat of the same dated the 3rd day of January, 1974, as prepared by Frank S. Hollis, Registered Land Surveyor, Registration Number 9323, and recorded in map or plat book 3 at page 25, in the office of the Judge of Probate, Blount County, Alabama and
Whereas, it is desired by said owner before any of said lots or parcels of ground in said subdivision shall be sold or conveyed, to fix and establish certain restrictions as to the use and enjoyment of such lots and properties in said plat, except as to Tracts 912 and 913 which are specifically excluded from the provisions of these Protective Covenants, for the protection of all owners of said properties or tracts:
Now therefore, the undersigned Smoke Rise Development Corporation, a corporation, does by these presents establish and adopt Protective Covenants or Restrictions as to the future use of the tracts or parcels of land embraced in said plat, except as to tract
912 and 913 as hereinabove excepted, and does grant to the future owners of any part of the land embraced in said plat, the right to enforce said restrictions as hereinafter set forth:1. LAND USE AND BUILDING TYPE
a. Only tracts 881, 882 ,883, 908, 911 and 914 may be utilized as building sites and none
of said tracts shall be used except for residential purposes or uses.
b. Also permitted on said tracts 881, 882, 883, 908, 911 and 914 and on the remaining tracts covered by these covenants, shall be the following:
Permitted will be horticultural and agricultural uses and garden, greenhouses and structures incidental thereto customary to residential occupancy provided no sales of the products are to be made on the premises, but not including commercial animal, livestock or poultry farms or kennels. Permitted will be accessory structures (such as private garages, servant houses, stables, summer houses and guest houses) customarily incidental to residential occupancy: provided that the servant houses and summer and guest houses shall be permitted only as accessory to the residential purposes or uses which may be permitted or on an adjoining tract on which residential use is authorized, if said tract is not designated as a tract for residential purposes or uses, in paragraph (a) above. The permitting of livestock as provided herein, is limited to non-commercial use of said tract in connection with livestock,. Accessory structures incidental to other permitted uses shall be located so as to conform to front and side building set back line requirements established for such uses, and shall be located to the rear of said tract.
2. ARCHITECTURAL CONTROL
No building shall be erected, placed or altered on any lot or any tract until the construction plans and a plan showing the location of the structure has been approved by the Architectural Control Committee, (as established in Section 9), as to the quality or workmanship and material harmony of external design with existing structures, and as to the location with respect to topography. Approval shall be as provided in Section 10.
3. QUALITY AND SIZE
It is the intention and purpose of these covenants to assure that all dwellings within each of
the tracts comprising this sector, shall be of a quality of workmanship and materials substantially the same for the tracts in each of said respective areas and furthermore, to insure that the requirements as to the size of the dwellings are maintained. The following minimum requirements are incorporated herewith for the respective tracts included within these covenants as follows:
The ground floor living area of the main structure, exclusive of one story open porches and garages, shall be not less than one thousand (1,000) square feet.4. BUILDING LOCATION
No building shall be located on any lot nearer than 50 feet to the front line and no building shall be erected on any tract nearer to the side tract lines than 25 feet. For the purpose of this covenant, eaves, steps and open porches shall not be considered a part of the building, provided, however that this shall not be construed to permit any portion of the building on a lot to encroach upon another lot or tract. Right is reserved in the Architectural Control Committee to waive minor violations of the restrictions set forth in this paragraph.
5. EASEMENTS
Smoke Rise Development Corporation reserves the right to grant easements for the installation and maintenance of utilities along the 30 foot easement as shown on the recorded plat, which easement is reserved for the joint use of the owner or owners of all tracts over which said easement runs.
6. NUISANCES
No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No commercial establishments, such as commercial home shops, automobile repair shops or storage use shall be permitted at anytime upon any tract covered by these restrictions
7. TEMPORARY STRUCTURES
No structure of temporary character, house trailer, basement, tent, shack, garage, barn or other out-building shall be used on any tract at anytime as a residence, either temporarily or permanently.
8. FURTHER SUBDIVIDING
No tract designated as a building site in paragraph 1 (a) above shall be subdivided or reduced in size by voluntary alienation, judicial sale or other proceedings by any lot or tract owner, provided however that Smoke Rise Development Corporation, reserves the right to sell a part of any tract for a homesite so long as the part so sold contains not less than one acre and there remains not less than one acre left in the original tract; and provided further, that any lot or tract owner may sell a portion of his lot or tract to an adjoining lot or tract owner so long as there remains not less than on acre left in the original tract; and provided further that the owner of any tract or lot containing 7acres or more in area, may subdivide his lot or tract to create additional building sites of not less than 4 acres in area and that there shall remain not less than 1 acre in the original lot or tract.
9. ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee is composed of Leslie W. Kelly, Noel C. Turner and Hugh A. Nash. A majority of the committee shall control and may designate a representative to act for it, In the event of death or resignation of any member of the committee, the remaining member or members shall have full authority to designate a successor, or successors. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
10. PROCEDURE
The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required, and related covenants shall be deemed to have been fully complied with.
11. LANDSCAPE
No destruction of the natural growth of any lot shall be permitted (except for thinning) and except as may be necessary to be removed in order to carryout uses permitted by these covenants; provided, however, that no timber shall be cut for commercial purposes.
12. GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. Trash and debris may be deposited in area designated and provided by Smoke Rise Development Corporation.
12A. Septic tanks and wells on each of said tracts shall be located and installed according to recommendations and requirements of the State Health Department, and shall be subject to inspections for proper compliances therewith by the Blount County Health Department
13. RIGHT TO REPURCHASE
Smoke Rise Development Corporation, a corporation hereby reserves the right to repurchase any lot (improved or unimproved) from any person or persons at a price not less than that which said person or persons have been offered by a bona fide purchaser and which the lot or tract owner is willing to accept. The right to repurchase shall run for ten (10) days from the time Smoke Rise Development Corporation, a corporation, has received in writing from any seller notice of intent to sell, stating the sales price, terms of sale, and the name of purchaser or purchasers. The right to repurchase shall be subject and subordinate to the lien of any existing valid mortgage upon any such lot or tract, which lien shall not be subordinated or otherwise affected or disturbed by such right; nor shall such right to repurchase affect the title thereto obtained through or after foreclosure of any such mortgage.
14. TERM
These covenants are to run with the land and shall be binding on all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part.
15. AMENDMENT
Smoke Rise Development Corporation, a corporation, reserves the right to amend or alter these covenants at such time as it is deemed, in its unrestricted and sole discretion to be in the best interest of the property owners.
16. ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any protective covenants, either to restrain violation or to recover damages.
17. SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
PROTECTIVE COVENANTS FOR SCENIC WOODS
BLOUNT COUNTY, ALABAMA
SCENIC WOODS
Whereas, S & D Land Company, Inc. an Alabama Corporation. is the owner of the real property comprising Scenic Woods, situated in Blount County, Alabama and being situated in the SW1/4 of section 23, Township 13 South, Range 3 West, Blount County, Alabama and
Whereas, Scenic Woods has been subdivided into 8 tracts being numbered consecutively from 1 through 8 according to a map or plat of the same as prepared by ray w. Sport, a Registered Land Surveyor, Registration No.LS11281 and recorded in map or plat book 4 at page 34 on February 24, 1986 in the office of the Judge of Probate, Blount County, Alabama and
Whereas , it is desired by said owner, before any conveyances of said lots or parcels of real property in said subdivision shall be made to others, to fix and establish certain restrictions as to the use and enjoyment of such lots and properties in said plat which are for the protection of all owners of said properties or tracts, present or future.
Now, therefore, S & D Land Company, Inc. an Alabama Corporation, does by these presents establish and adopt Protective Covenants or Restrictions as to the future use of the tracts or parcels of land embraced in said plat of Scenic Woods, and does grant to the future owners of any part of the land embraced in said plat, the right to enforce said restrictions as hereinafter set forth:I.LAND USE AND BUILDING TYPE
No tract shall be used except for residential purposes. Usual agricultural and horticultural uses customary to residential use shall be permitted
II.ARCHITECTURAL CONTROL
No building shall be erected, placed, or altered on any lot or tract until the construction plans and a plan showing the location of the structure has been approved by the Architectural Control Committee, as established herein Paragraph 9, as to the quality or workmanship and material harmony of external design with existing structures, and as to location with respect to topography. Approval shall be as provided in Paragraph 10.
III. QUALITY AND SIZE
It is the intention and purpose of these covenants to assure that all dwellings within each of the tracts comprising this subdivision shall be of a quality of workmanship and materials substantially the same for the tracts in each of the said respective areas, and furthermore, to insure that the requirements as to size of dwelling are maintained. The following minimum requirements are incorporated herewith for the respective tracts included within these covenants as follows: The ground floor living area of the main structure, exclusive of one story open porches and garages, shall not be less than one thousand five hundred square feet (1,500 sq. ft.)
IV.BUILDING LOCATIONS
No building shall be located on any lot nearer than 50 feet to the front line and no building shall be erected on any tract nearer to the side tract line than 50 feet. For the purpose of this covenant, eaves, steps, and open porches shall not be considered a part of the building, provided, however, that this shall not be constructed to permit any portion of the building on a lot to encroach upon another lot or tract. Right is reserved in the Architectural Control Committee to waive minor violations of the restrictions set forth in this paragraph.
V. EASEMENTS
S & D Land Company, Inc., an Alabama Corporation, reserves the right to grant easements for the installation and maintenance of utilities along public roads as shown on the recorded plat.
VI. NUISANCES
No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No commercial establishments, such as commercial home shops, automobile repair shops, or storage use, shall be permitted upon any tract covered by these restrictions.
VII. TEMPORARY STRUCTURES
No structure of a temporary character, house trailers, basement, tent, shack, garage, barn, or other out- building shall be used on any tract, at any time as a residence, either temporarily or permanently.
VIII. FURTHER SUBDIVIDING
No tract may be divided or reduced in size by voluntary alienation, judicial sale, or other proceeding by any lot or tract owner.
IX. ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee is composed of William Boyd Dobbins Jr. & Stephen Stewart. This committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining member shall have full authority to designate a successor, or successors. Neither the members of the committee nor any designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
X. PROCEDURE
The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval shall not be required and related covenants shall be deemed to have been fully complied with.
XI. SEWAGE DISPOSAL
Septic tanks, or other means of sewage disposal, on each of the said tracts shall be located and installed strictly in accordance with the recommendations, requirements, and inspection for proper compliance therewith by Blount County Health Department, and/or other controlling public agencies.
XII. TERM
These covenants are to run with the land and shall be binding on all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of lots has been recorded, agreeing to change said covenants in whole or part.
XIII. AMENDMENT
S & D Land Company, Inc., an Alabama Corporation, reserves the right to amend or alter
these covenants at such time as it is deemed best, in their unrestricted and sole discretion, to be in the best interest of the property owners.XIV. ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any protective covenant, either to restrain violation or to recover damages.
XV. SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
In witness thereof, the said S & D Land Company, Inc. an Alabama Corporation, has executed this instrument by and through its President, William Boyd Dobbins Jr. being duly authorized to do so, and he has hereunto set his hand and seal of the corporation on this 24th day of February. 1968.