Deed
Book 1776, Pages 223-231
DEED OF RESTRICTIONS
FOR
AUTUMN RIDGE SUBDIVISJON
UNIT 6
WHEREAS, Vettraino Development Company, a Michigan corporation
(the “Developer”), is the owner of Unit 6 of Autumn
Ridge Subdivision as shown by Final Record Plats in the Fayette
County Clerk's Office in Plat Cabinet J, Slide 603, and desires
to place covenants as to the use of occupancy of said property;
and
WHEREAS, the Developer desires to maintain uniformity as to the
use and occupancy of all lots in said unit of said subdivision
by the creation of certain restrictions as to the use and occupancy
of the lots in said unit.
NOW, THEREFORE, the Developer does hereby establish the following
covenants, conditions and restrictions as to the use and occupancy
of all the lots in said unit 6 of said Autumn Ridge Subdivision
and shown by Final Record Plats of record in the Fayette County
Court Clerk's Office in Plat Cabinet J, Slide 603 in the Fayette
County Court Clerk's Office.
1. All property in said Unit shall be used for single family residential
purposes only.
2. A11 driveways and approaches shall be constructed of Portland
Cement Concrete or asphalt.
3. No commercial vehicle or truck over 3/4 ton sha11 be regularly
parked on any lot or street in the Subdivision other than for
delivery or construction purposes unless housed within a
garage; and no person shall engage in major car repairs either
for himself or others at any time.
4. These covenants and restrictions are to run with the land and
shall be binding on all parties and all persons claiming under
them for a period of thirty (30) years from the date these covenants
are recorded, after which time said covenants shall be automatically
extended for successive periods of one (1) year. These covenants
and restrictions may be amended by a resolution passed by a majority
of the members of the Association, voting in person or by proxy,
authorizing the principal officers of the Homeowners Association
to sign an instrument amending said covenants in whole or in part.
The votes of the membership shall be one vote per lot regardless
of whether one or more persons are record owners of said lot.
Said amendment shall be effective thirty (30) days after being
recorded in the Fayette County Clerk's Office. Written notice
of a proposed amendment shall be given to every homeowner, either
by mail or hand delivery, at least sixty (60) days in advance
of the meeting at which vote will be taken on said amendment.
5. The Developer, the Homeowners Association, or any lot owner
at any time may enforce the restrictions and covenants herein
contained by appropriate legal procedure. Invalidation of any
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.
6. Should the owner of any lot fail to maintain the lawn, the
Developer, or its assigns may enter such lot to cut grass and/or
weeds and remove any debris necessary, and collect its costs of
labor and material plus twenty-five (25%) percent from the owner
of said lot.
7. No recreational vehicle, trailer or boat shall be parked in
any front yard or on any street in the Subdivision for a period
in excess of twenty-four (24) hours or in any manner that, may
be construed as an intentional attempt to circumvent this restriction.
8. No noxious or offensive trade or activity shall be carried
on upon any lot nor shall anything be done thereon which may be
or become an annoyance, or a nuisance to the neighborhood.
9. Anyone cutting into or tunnelling under or damaging in any
manner the street, sidewalk or road serving said lots must repair
and restore the street, sidewalk or road to its original condition,
all at such person's own risk and expense. This shall not be construed
as any permission or consent by the developers and shall not create
any liability on the developer of the Autumn Ridge Subdivision,
express or implied.
10. No building or structure of a temporary character, including,
but not limited to, trailers, basements, tents, shacks, sheds,
garages, barns or other building other than residence buildings,
shall be used upon any lot in said unit at any time as a residence,
either temporarily or permanently, nor shall any trailer, tent,
shack, shed, barn or unmovable vehicle be used and/or maintained
upon any lot in said Subdivision at any time,
whether temporarily or permanently, except for the Developer,
so long is it is actively involved in the development or marketing
of lots.
11. No animals, livestock and/or poultry of any kind shall be
raised, bred or kept upon any lot in said unit of said Subdivision;
provided, however, doqs, cats and/or other household pets may
be kept and maintained upon said lots if they are not kept, bred
or maintained for any commercial reason or purpose and all lot
owners shall be subject to the regulations of the Autumn Ridge
Homeowner's Association.
12. No fence, wa11, hedge of any nature may be extended toward
the front or side of the property line beyond the building setback
line as shown on the Record Plat in the Fayette County Court Clerk's
Office and may not extend toward the front of the house past the
rear corner. Any fence used must conform with the character of
the Subdivision and shall be in accordance with appropriate governmental
regulations, and shall be approved by the Developer prior to construction.
All fences are subject to the Developer's approval and shall be
no higher than four (4) feet, and must be constructed with wood,
brick or vinyl materials. Chain link fences are prohibited.
13. No signs shall be permitted on property, house number and
name plates excepted, except those which the Developer may deem
fit.
14. No city or municipality shall be formed during the development
and initial sale of this Subdivision unless approved by the Developer.
15. No television, radio or other similar microwave receiving
dish shall be permitted on any lot.
16. No additional subdivision of a lot shall be made to reduce
the size of the lot without permission of the Developer and appropriate
governmental bodies.
17. Minimum size of living area for primary construction exclusive
of porches, basements, attics, carports and garages, shall be
as follows, based on the house type:
(a) One-Floor Plan 1,500 Sq. Ft-
(b) One & One-Half 1,100 Sq. Ft. (1,800
(Main Floor) Sq. Ft. Total)
(c) Two-Story 1,000 Sq. Ft (2,000
(lower Floor) Sq. Ft. Total)
The Developer may approve other types of design (so long as such
designs contain a minimum of 1,500 Sq. Ft. of living area) provided
the living area as defined in this paragraph is substantially
similar to the requirements herein specified, at the sole discretion
of the Developers.
18. All plans for buildings to be erected, placed, altered or
permitted to remain upon any lot shall be subject to approval
by the Developer and one complete set of the plans and specifications
shall be provided and retained by the Developer. The detailed
plan and specifications shall, without limitation, include the
color of the brick or paint to be used on the exterior. It is
one
of the purposes of these restrictions to cause the construction
of residences of external design which will be harmonious one
with the other. Bedford Stone, Tennessee Stone or similar stone
shall not be permitted on the exterior of any residence. Field
stone shall be permitted, only after photo or sample of particular
stone has been approved by Developer. No vinyl siding shall be
permitted except in combination with masonry construction which
shall be approved by the Developer. The primary entrance to each
residence must face the street.
19. All houses must have a two car attached or basement. garage
and must have an operational exterior garage door.
20. As construction on each lot is completed, sod shall be placed
from the edge of the paved street to the building line of the
main structure and across the entire width of the lot, and six
feet (6’) around the side and back of the structure, with
the exception of sidewalks and driveways. The remaining rear yard
shall be graded and seeded or sodded.
21. As construction on each lot is completed, each lot shall,
be landscaped with the number of street trees (trees planted between
the sidewalk and street) as required by the Lexington-Fayette
Urban County Government. These trees must be a minimum of 2 1/2"
in diameter and shall be Aristocrat Pears.
22. At no time during or after construction shall any trash, dirt,
clipped weeds, grass or debris of any type be placed, wasted or
deposited on any lot, vacant or otherwise, by owner, Contractor
or Sub-contractor.
23. All construction shall ho finished to grade and there shall
be no exposed concrete block foundation, concrete foundation or
stucco foundation permitted.
24. No construction of any lot shall commence without a building
permit. Upon the issuance of a building permit for a lot, the
owner/builder must diligent1v pursue completion of the residence
and have a Certificate of Occupancy within six (6) months from
the date of issuance of the building permit. Owner/builder must
provide sanitation and trash containers for their construction
workers during construction.
IN WITNESS WHEREOF, the Developer has caused its name to hereunto
be subscribed by its duly authorized officer, this the 28th day
of February, 1995.
VETTRAINO DEVVELOPMENT COMPANY, a
Michigan corporation
By: Henry Vetrraino, Jr.
Its: Secretary/Treasurer
COMMONWEALTH OF KENTUCKY )
COUNTY OF FAYETTE ) SS
The foregoing instrument was acknowledged before me this 28th
day of February, 1995, by Henry L. Vettraino, Jr. as Secretary-Treasurer
of Vettraino Development Company, a Michigan corporation, on behalf
of the corporation.
My commission expires: _________________________
_________________________
NOTARY PUBLIC
THIS INSTRUMENT PREPARED BY:
______________________________
Stephen M. Ruschell
STITES & HARBISON
250 West Main Street
Lexington, Kentucky 40507
DEED BOOK 1776 PAGE 231
I, Donald W Blevins, County Court Clerk
of Fayette County, Kentucky, hereby
certify that the foregoing instrument
has been duly recorded in my office.
_____________________________
By: Jeannie MCVEY, dc
199503140073
March 14, 1995 13:20:50 PM
Fees $22.00 Tax $.00
Total Paid $22.00
THIS IS THE LAST PAGE OF THE DOCUMENT
9 Pages
223 - 231
