In order to protect your property value and maintain the privacy and beauty of the area, the development of TIMBER SHOALS RANCH is protected by the following property covenants:
- No buildings or storage of any kind is permitted within 100 feet of the centerline of the easement road(s), as these areas shall serve as permanent utility easement areas. Fences must not encroach upon road easements which are defined as the area within 50 feet of the centerline of the easement road(s). No buildings or storage of any kind shall be allowed with 10 feet of the side or rear boundaries of any tract. -In order that all property owners shall have access to utilities, now and in the future, there is a utility easement on the areas mentioned above (100 feet from centerline of all easement roads and 10 feet from side and rear boundaries). In order to properly maintain easement roads which can include ditches and water run-off areas, there is a permanent road easement over and across the areas mentioned above. The building setback of 10 feet from the sides of properties ensures that no buildings will be built directly on the side boundaries of any tracts, which tends to be very unsightly. You CAN fence up to the side boundaries of your tract and to within 50 feet of the centerline of the easement road(s).
- No residence shall be occupied until completed on the exterior. Construction must be of new materials (other than interior trimwork/finishes) with the exception of full log homes. Dwellings must be permanently attached to an adequate continuous concrete foundation of at least 600 square feet in size. No mobile homes, modular homes, previously erected homes/buildings, portable buildings or portable cabins of any kind shall be allowed on any tract within Timber Shoals Ranch, even if attached to a concrete foundation. Metal shipping containers are allowed for storage only and not for residential purposes. A maximum of two residences is allowed on each tract within Timber Shoals Ranch. Each residence much separately meet the 600 square foot and concrete foundation requirements.
-Once your home or cabin has been completed on the exterior it can be fully occupied. - No interference with natural or existing drainage shall be permitted without the approval of developer. Cisterns must be buried or enclosed inside a permanent structure designed for that purpose. All wastewater treatment facilities must be constructed in accordance with applicable state requirements and to ensure that effluent shall be contained on the original parcel of origin.
-You are more than welcome to build a pond but it can’t be built in a way that would interfere with existing runoff which ends up in the lake. Currently we are told that you can do your own septic system for around $2,000 or less. Having it done by a pro could possibly be about $3,000-$4,000 but it could certainly be more. - No commercial livestock or commercial animals shall be allowed on any lot within Timber Shoals Ranch, including but not limited to swine, cows, goats and poultry. Except that up to three horses are permitted per tract. A reasonable number of ordinary household pets shall be allowed, only in the event they are kept solely as domestic pets and not for any commercial purposes. Animals shall not be allowed to create a nuisance to neighboring land owners. Kennels greater than 5 dogs are not permitted. No dog shall be allowed to run loose except when accompanied by a person capable of keeping such dog under surveillance and control.
-You may have horses, cats, dogs, and other normal household pets. BUT they can not be kept, bred or raised for commercial purposes. No swine, cows, goats, poultry or other animals commonly found on a farm are allowed at all, irregardless of what their intended usage may be. - All properties shall be used only for private, single family residential purposes. No commercial or business activities are allowed except home businesses run wholly within a residential dwelling on the property. No commercial manufacturing and no noxious trade or activity is permitted. Rental of residence(s) are permitted only in the case of the renting of an entire residence on the property and each rental term must be at least 7 consecutive days (up to two residences per tract, each of which must meet all requirements). No camps, outfitters, campgrounds, resorts, retreats or similar businesses or organizations of any kind are permitted.
-No apartment buildings, commercial buildings or other businesses are allowed. Home business run entirely from inside the home which would require no exterior signage are permitted. No campgrounds or resorts of any type or kind are permitted. - Developer or its assignees reserve the right to charge a monthly fee for the cost of road maintenance, etc. – While you are making your monthly payments to us, this fee is ALREADY included within your normal monthly payment.
-In order to maintain the easement roads, property owners will pay a small fee which shall not exceed the actual costs expected to be incurred. Such fee shall initally be no more than $20 per month as of January, 2018 (per tract) and shall not increase more than 15% annually. - Developer reserves the right to approve mailboxes, method of attachment and location.
-This one was designed to place mailboxes in a centralized location, generally near the start of a development. - Camping is allowed for up to 45 days in any 12 month period. Buses, campers, and RV’s are allowed on the property for ONLY up to 45 days in a 12 month period, unless they are completely enclosed within a permanent building designed for that purpose. Any items used for camping, including tents, shall be stored out of sight of any shared roadways when not in use.
-Camping is encouraged within Timber Shoals Ranch. We have never had a customer who actually camped more than 45 days out of the year. This restriction keeps permanent “campers” from living within the development in a tent, bus or RV. For all you hunters the 45 days pretty much covers every hunting season. You can easily camp all of deer season, spring and fall turkey season and still have several weeks of camping time remaining to enjoy throughout the rest of the year. Buses, campers and RV’s may only be kept on the property permanently if stored completely within a garage or building. Camping would be defined as staying in a tent, RV, or basically anything that is NOT a 600 square foot house/cabin on a concrete foundation. Once you build your cabin or home you are of course free to stay on your property all year if you would like. - No parcel may be subdivided if any of the parcels created from the division would be less than 3 acres in size. Any additional tracts created from a division shall be fully bound by these covenants and shall be assessed the same monthly fee as each other tract.
- No refuse, debris, unused building materials nor derelict vehicles, machinery or equipment in whole or in part shall be stored or allowed to collect on the property unless completely enclosed within a permanent building or garage. All properties and improvements shall be maintained in such a manner that they do not become unsightly, in disrepair, unsanitary or a fire hazard. -This covenent helps to keep everyone’s property looking fairly tidy. No junk cars, equipment, etc., can remain on the property unless completely enclosed within a permanent building.
Also please note that timber with a stump diameter of greater than 8 inches (when measured at ground level) may not be cut or removed until the property has been paid for in full. Allowances shall not be unreasonably denied for on-site construction or clearing/maintaining roads and/or trails. Please note that currently the power line extends only to the north side of Timber Shoals Ranch. Although the power may eventually be run throughout the development it would be at the cost/expense of any individual tract owner(s) to extend the power line. As with all easements, the utility easement gives the utility companies the right to run the power/utility line(s) within the specified easement area which generally means that any trees/shrubs/etc. would be cleared before the line is run. This clearing of timber would generally be done by the utility company (or a subcontractor) and without notice (but this only applies to the areas within 100 feet of the easement roads and 10 feet of the side and rear boundaries of the properties).
These Covenants are permanent and do stay with the property, even after it has been paid for in full (except that you can do what you like with the timber once the property has been paid for in full). Property Covenants have been recorded with the Boone County Recorder and are available in full from the Boone County Recorder’s Office or from seller upon request.
Please note that these property covenants are enforced, with enforcement to include daily fines/fees of up to $35.00 per violation, per day (after notice has been given). The vast majority of our buyers find these covenants to be easy to understand and to abide by. If you do not agree with any part of a property covenant then we will try to recommend another seller who may (or may not) have different covenants on the properties that they sell.
Please familiarize yourself with these Deed Assurances and let us know if you have any questions or if you need any clarification.
