PROTECTIVE COVENANTS
The particular property herein conveyed is further subject to the following covenants, conditions and restrictions for industrial park purposes:
1. Protective Covenants.
(A) Said property shall be used as an industrial and/or commercial site for the location of industrial and/or commercial business pursuant to the provisions of Tennessee Code Annotated Sections 6-2801 and 6-2802 as amended.
(B) In the event Grantees fail to start construction or make substantial use of the land within two years of the date of this deed, the Grantor shall have the option of repurchasing the land for cash at the original sale price, plus the depreciated cost of any improvements of value made to or on the land by the purchaser, plus any special assessments paid by the purchaser which are related to said lands, with interest at the rate of 5% per annum from the date of payment of the purchase price, date of completion of improvements and date of payment of special assessments respectively.
(C) In the event Grantees elect to sell any portion of land which is not being used in connection with the business of Grantees or which Grantees desires to sell separate and distinct from any sale of the whole tract, the same shall first be offered for sale to Grantor, and Grantor shall have the option of repurchasing the land for cash at the same per acre price as the original sale price, plus the depreciated cost of any improvement of value made to or on the land by the purchaser, plus any special assessments paid by the purchaser which are related to said lands, with interest at the rate of 5% per annum from the date of payment of the purchase price, date of completion of improvements and date of payment of special assessments respectively.
(D) Grantor, its successors or assigns, have 120 days from the expiration of the two year time limit or notice of intent to sell by Grantees, to exercise the option unless an extension of time may be mutually agreed upon and set forth in writing. Acceptance or rejection of the option shall be by a resolution adopted by the Board of Grantor. If the option is exercised, conveyance to Grantor shall be by warranty deed free and clear of all liens or encumbrances created by act or default of Grantees.
(E) If Grantor does not exercise its option as prescribed above, then Grantees may sell said lands to any person, firm or corporation subject to all of the covenants, conditions and restrictions hereinbefore and hereinafter contained.
(F) All railroad service to and/or affecting said property is subject to any agreements in effect between the
Southern Railway System and it subsidiaries and Grantor.
(G) Grantees may not lease or rent any part of their parcel of land to any other person, firm or corporation except for such land as may be necessary for the use of leased or rented buildings or structures.
(H) Railroad lead tracks may not be used for loading or unloading purposes.
2. Zoning Restrictions.
No building, structure or premises shall be used and no building or structure shall be erected or altered until and unless the following conditions have been complied with and prior written approval thereof has been obtained from Grantor.
A. Plot Plan, Parking, Loading, Entrances
(a) A plot plan showing present and proposed driveways, buildings, off-street parking and loading areas and other accessory uses.
(b) Any other information Grantor may deem necessary to determine that the proposed use and construction complies with the conditions and requirements contained herein.
B. Front Yard. There shall be a minimum distance of fifty (50) feet between the front property line and any buildings, structure or part thereof.
C. Side Yards. There shall be a minimum distance of twenty-five (25) feet between any side property line and any building, structure or part thereof, except that:
(a) Where side property line abuts a railroad right of way, no side yard shall be required.
D. Rear Yard. There shall be a minimum distance of twenty-five (25) feet between the rear property line and any building, structure or part thereof, except that:
(a) Where a rear property line abuts a railroad track or right of way, no rear yard shall be required.
E. Open Space Requirements. All open and unoccupied areas shall be maintained as follows:
(a) No mobile home, trailer, shack, flattop or temporary building or structure of any kind shall be permitted on said property at any time except during construction of the plant to be built on the site and no building or structure of any kind shall be used at any time on said property as a permanent residence.
(b) All required yard areas (except for driveways and parking areas) shall be landscaped and maintained in such a manner that they will be aesthetically attractive.
(c) A driveway shall not be closer than ten (10) feet to a side property line at the point where the driveway crosses the street line.
F. Height. No building or structure (except chimneys and architectural features) shall exceed two (2) stories or forty (40) feet in height.
G. Building Areas. Buildings shall not cover more than fifty percent (50%) of the total property area.
H. Parking. Off-street parking facilities shall be provided which are sufficient to meet the needs of all persons associated with the use of the property, either as employees, customers, suppliers or visitors. The minimum standards shall be one (1) off-street parking space for every two thousand (2,000) square feet of building floor area or one (1) off-street parking space for each two main shift employees, whichever results in the larger number of parking spaces.
I. Loading Areas. Loading areas shall be constructed and maintained upon a building site in such a location that any vehicle transporting goods, wares, merchandise or materials to or from a building site shall not be required to park on any street or in any minimum front yard or any street side of a corner lot. Provided, however, that if a building is set back further than the minimum yard requirements, the area of setback beyond the minimum yard requirements may be used for loading purposes.
J. Storage. Storage of all materials, products, either in process of construction or fabrication, or in completed form, equipment, or other necessary tools or articles outside of any building shall be in an area designated for such purposes and enclosed by a fence or other appropriate enclosure, which shall screen such storage. Plans for such storage arrangements must be approved by the Grantor in writing.
K. Signs and Illumination. The following regulations shall govern the use of signs and illumination:
(a) Only identity signs showing the name and/or insignia, products or services of the company using the site shall be used where visible from a street.
(b) No sign shall extend above the roofline of the building to which it is attached or near which it is placed.
(c) Illumination of signs, facades, buildings, parking areas, loading and unloading facilities and yards shall be installed so as to eliminate glare, reflection or nuisance to adjoining districts or streets.
L. Contaminants.
(a) There shall be no emission of matter, which can be readily detectable as odorous at the property line or beyond.
(b) Liquid and Solid Waste - Any disposal of wastes on the property shall be done in such a manner that it will conform to the regulations of this section. No waste shall be discharged into a storm sewer or roadside ditch or drainage area except clear and unpolluted water.
(c) Any waste discharged into a sanitary sewer shall be in accordance with regulations of the Environmental Protection Agencies and State and County Departments of Public Health.
M. Relative Fire Hazard. Regardless of any other provisions of this section, any building or structure shall be constructed, occupied and located so as not to increase the fire rate of an existing building or structure on an adjoining parcel of property, front or rear.
For the purposes of this section, properties shall be considered as adjoining even though a railroad lead tract right of way intervenes.
3. Agreements Run With The Land.
(A) These covenants, conditions and restrictions are to run with the land and shall be binding on all parties hereto, their successors and assigns and all parties and all persons claiming under them until the year 2015 A.D. at which time said covenants, conditions and restrictions shall terminate, unless Grantor and Grantees, their successors and assigns, at that time shall execute an instrument continuing these covenants, conditions and restrictions in force.
4. Enforcement.
(A) If the parties hereto, or any of them or those claiming under them or any of them, shall violate, or attempt to violate any of the covenants, conditions or restrictions herein, it shall be lawful for Grantor or any other person or persons owning any other parcels of land in the said Roane Industrial Park to prosecute any proceedings at law or in equity, against any person or persons violating or about to violate any such covenants, conditions or restrictions, and either to prevent him, it, her or them from so doing, or to recover damages, or other dues for such violation or restrictions, or both.
5. Elision Paragraph.
(A) If any word, sentence or clause hereof shall be declared invalid by a court of competent jurisdiction, such invalidity shall not affect any other word, sentence or clause hereof, it being the intention of the parties to make this contract severable, in such event.
The above described property is subject to those restrictive covenants as shown on an instrument of record in Deed Book M-12, Page 61, in the Register's Office for Roane County, Tennessee.
The above described property is subject to those easements, restrictions, and reservations contained in an instrument of record in Deed Book O-12, Page 406, as corrected in Deed Book Y-14, Page 333, in the Register's Office for Roane County, Tennessee.
Said property is also subject to any on or underground utilities, visible easements, transmission lines, and public roads that may be encroaching on the property, including drainage easements in the chain of title whether visible or invisible.
Said property is further subject to those mineral rights in Deed Book R-1, Page 95, and Deed Book R-1, Page 99, together with any adverse claim to mineral rights, reservation to mineral rights or conveyances of mineral rights in prior deeds.
Grantees agree that roads, easements and water and sewer lines in the Roane Industrial Park, of which said property is a part, may be relocated and revised in whole or in part from time to time so long as the boundaries of the property herein conveyed are not altered and the accessibility of subject property to said roads, easements and water and sewer lines is not affected.
Being a part of the same property conveyed to Grantor by warranty deed dated October 31, 1973, from Roane County Industrial Development Corporation and recorded in the Register's Office at Kingston, Tennessee, in Deed Book E-12, Page 144.
