Protective Covenants

MORNING WOODS SUBDIVISION

A. All lots in the subdivision shall be known and described as residential lots and no structure shall be erected on any lot other than one single-family residence and garage and not more than one detached outbuilding. Carports are not permitted on the lots in this subdivision.

B. Building setback lines shall be left to the discretion of the Memphis and Shelby Office of Construction Codes Enforcement and the interpretation on the Memphis and Shelby County Zoning Ordinance.

C. The minimum ground floor heated area of the main building exclusive of open porches and garages shall be not less than 2250 square feet in the case of a one story residence and not less than 1125 square feet in the case of a one and one half or two story residence; however, the total floor area of a one and one half or two story residence shall be not less than 2250 square feet.

D. No building shall be erected on any lot until the design and plot plan thereof have been approved in writing by MORNING GROVE/MORNING WOODS CORPORATION or a committee appointed by MORNING GROVE/MORNING WOODS CORPORATION; however, in the event that MORNING GROVE/MORNING WOODS CORPORATION or such committee appointed by MORNING GROVE/MORNING WOODS CORPORATION fails to approve or disapprove such design and plot plan within ten days after submission of plans and specifications to them, then such approval shall not be required.

E. No permanent structure shall be moved onto any lot unless it shall conform to and be in harmony with similar structure in this subdivision and no structure of a temporary character such as a trailer, garage, shed, or other outbuilding shall be used on any lot at any time as the residence either temporarily or permanently. No structure of any kind, including but not limited to a television antenna, radio antenna, etc. can be erected which extends more than five feet above the highest point of the roof of the house and such structures shall not be erected on the street side of a residence.

F. No noxious or offensive trade, business, or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

G. No recreational vehicle, boat, or any type trailer may be parked or stored on any lot unless same is in a garage; all passenger automobiles shall be parked either on the driveway or in the garage. No tractor or trailer may be parked on any lot or in the street in the front of any lot. No commercial or trade vehicle may be parked or stored on any lot unless same is in a garage.

H. No motor vehicle or any other vehicle, including but not limited to a boat, motor, and boat trailer, lawn mower, tractor, etc. may be stored on any lot for the purpose of repair of same; no A-frame or motor mount may be placed on any lot nor shall any disabled or inoperable vehicle be stored on any lot.

I. All fences are to be of wooden, brick, or ornamental metal material or combination thereof: no fence shall be erected on any corner lot nearer to the street line than the house setback line nor on any other lot nearer to the street line than the rear house line except that it shall be permissible to erect a fence from the residence to the side lot line immediately in front of the rear entrance door.

J. Vegetable gardening will be allowed only to the rear of the house. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except dogs, cats, and other household pets may be kept providing that they are not bred or kept for commercial purposes.

K. Any special landscape screens including earthen berms or embankments, fencing entryways, and plant material shall remain in place and may not be removed.

L. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the owners of the lots has been recorded agreeing to change said covenants in whole or in part. MORNING GROVE/MORNING WOODS CORPORATION reserves the right to impose additional or separate restrictions at the time of sale of any lots sold in the subdivision, which restrictions may not be uniform but may differ as to different plots, and further reserves to right to amend these restrictions without the approval of the owners of the lots within the subdivision until majority of lots have been sold.

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

N. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.

O. No building shall be erected on any lot wherein there shall be installed any aluminum or metal windows and no design shall be approved wherein an open garage faces the street frontage unless a variation shall be allowed by MORNING GROVE/MORNING WOODS CORPORATION as provided by Item D.