DISCLAIMER: The following is provided for informational purposes only and is not to be considered a legal copy.
AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS
FOX RUN, UNIT TWO
THIS Amendment to Restrictions is made and entered into as of the 29th day of October, 1993, by FOX RUN, INC., a Tennessee corporation, hereinafter referred to as "Developer."
WITNESSETH:
WHEREAS, the Developer has caused to be recorded in the Register of Deeds Office for Knox County, Tennessee, in Deed Book 2038, Page 0901, a certain Declaration of Covenants and Restrictions, Fox Run, Unit Two, by which the Developer declared, established and made applicable the said covenants and restrictions for Fox Run, Unit Two, that the Developer had declared, established and made applicable to the land in Fox Run, Unit One, pursuant to and as set forth in the Declaration of Covenants and Restrictions, Fox Run, Unit One, recorded in Deed Book 1999, Pages 0036-0070, in the Register of Deeds Office for Knox County, Tennessee (the "Restrictions"); and
WHEREAS, under Article XXIII of the Restrictions, at Page 0064 in Deed Book 1999, Developer has the right to amend the Restrictions with respect to Lots owned by Developer, and Developer now desires that the Restrictions be amended as to all Lots in Fox Run, Unit Two, presently owned by Developer.
NOW, THEREFORE, the Developer does hereby amend and modify said Restrictions of Fox Run, Unit Two, as follows:
Article XIII entitled Dwelling Restrictions, Section 1, DESIGN REQUIREMENTS, at pages 0055 and 0056 in Deed Book 1999, is amended and modified as follows:
Sub-paragraph 4 of Section 1 is amended to read as follows:
"4. All dwellings shall have a minimum roof pitch of 8/12, except that single slope porches shall have a minimum pitch of 3/12."
Sub-paragraph 5 of Section 1 is amended to read as follows:
"5. The front and all sides of all dwellings and garages, except the side facing the rear of the Lot, shall be of brick, or stone, or stucco, or a combination of brick or stone or stucco, except that the gables on the ends of the dwellings may be of painted wood. Painted wood siding alone, or in combination with brick, stone or stucco, may be used on the rear side of the dwelling. No other type of siding material may be used on the exterior of any dwelling."
Sub-paragraph 7 of Section 1 is amended to read as follows:
"7. The exterior of all fireplace chimneys shall be faced with brick or stone or stucco, or a combination thereof, which shall be compatible with the brick, stone or stucco siding used on the exterior of the dwelling. Additionally, all fireplaces and chimneys shall be specifically approved on an individual basis by the Advisory Committee."
Article XI entitled DIVISION OF LOTS, at page 0052 in Deed Book 1999, is amended by adding at the end of said Article the following:
"If an Owner desires to construct a single Living Unit on two or more adjacent Lots, the 5 foot area along the inside Lot lines reserved for utility easements as shown on the recorded subdivision map shall be eliminated to allow the Owner to locate the residence on and across the adjacent inside Lot lines."
The Lots in Fox Run, Unit Two, which are subject to the Restrictions as modified and amended herein are: Lots 2, 3, 6, 7, 9, 11, 12, 13, 18, 29, 33, 47, 49, 51, 52, 53, 56, 57, 59, 61 and 63.
Except as amended and modified by this Amendment, the Declaration of Covenants and Restrictions, Fox Run, Unit Two, recorded in Deed Book 2038, page 0901, in the Register’s Office for Knox County, Tennessee, shall remain in full force and effect.
In Witness Whereof, FOX RUN, INC. has caused this instrument to be executed and its name to be signed by its President pursuant to authority of its Board of Directors this 29th day of October, 1993.
FOX RUN, INC.
BY: John R. Fiser, President
Notarized by Hazel Cole, 10/29/1993
DECLARATION OF COVENANTS AND RESTRICTIONS
FOX RUN, UNIT TWO
WHEREAS, the undersigned, FOX RUN, Inc., is the owner of a tract of land situated in Knox County, Tennessee, which has been designated as Fox Run, Unit Two, a subdivision to Knox County, Tennessee, a map of which is recorded in the Register’s Office for Knox County, Tennessee, in Map Cabinet M, Slots 60D and 61A, to which map specific reference is hereby made for a more particular description; and
WHEREAS, the undersigned has heretofore, by instrument dated January 17, 1990, entitled "Declaration of Covenants and Restrictions, Fox Run, Unit One," and recorded in the Register’s Office for Knox County, Tennessee, in Deed Book 1999, Pages 0036-0070, declared and established certain restrictive covenants for the then owners and all subsequent owners of any lot or lots in Unit One of Fox Run Subdivision; and
WHEREAS, the undersigned, as owner of additional lands lying adjacent to the aforesaid Fox Run, Unit One, Subdivision, has developed additions to said Fox Run Subdivision designated as Unit Two thereof, as shown on the above referenced maps of record in the Register’s Office for Knox County, Tennessee, and described in Exhibit A hereto, desires to declare and make applicable the same covenants and restrictions to Fox Run, Unit Two, as have been declared and established for the original Fox Run, Unit One, Subdivision.
NOW, THEREFORE, for and in consideration of the premises and the mutual benefit to be derived by all parties concerned, Fox Run, Inc. does hereby agree and covenant with all subsequent owners of lots in Unit Two of Fox Run Subdivision, further described in Exhibit A hereto, that the Declaration of Covenants and Restrictions established for the original Fox Run, Unit One, Subdivision, as contained in that certain instrument dated January 17, 1990, and recorded in the Register’s Office for Knox County, Tennessee, in Deed Book 199, Pages 0036-0070, be and the same is hereby made applicable to said Unit Two of said Subdivision, and Fox Run, Inc. does hereby agree and covenant that all and singular of the terms, provisions and covenants contained in said instrument shall be covenants running with the land and shall be binding of all subsequent owners thereof and shall inure to the benefit of all owners of any of the lots in said Unit Two of Fox Run Subdivision, as the same appear on maps of record referred to above and as described in Exhibit A hereto.
IN WITNESS WHEREOF, Fox Run, Inc. has caused this instrument to be executed and its name to be signed by its President pursuant to the authority of its Board of Directors, this 8th day of May, 1991.
FOX RUN, INC.
By: John Fiser, President
Notarized by: Lee M. Rose
Exhibit A not included (legal description only)