Deed
Book 1602, Pages 446 to 451
DEED OF RESTRICTIONS
FOR
AUTUMN RIDGE SUBDIVISION
UNIT 2-B, SECTIONS 1, 2 and 3
WHEREAS, Todds Road Development Corporation, a Kentucky corporation
(“the Developer”), is the owner of Unit 2-B, Sections
1, 2, and 3 of Autumn Ridge Subdivision as shown by plat of record
in the Fayette County Court Clerk's Office in Plat Cabinet I,
Slides 421, 422 and 423, respectively, 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 2-B, Sections 1, 2 and 3 of said
Autumn Ridge Subdivision and shown by Plat of Record in Plat Cabinet
I, Slides 421, 422 and 423, respectively, in the Fayette County
Court Clerk's Office.
1. All property in said Unit shall be used for single family residential
purposes only.
2. All driveways and approaches shall be constructed of Portland
Cement Concrete or asphalt.
3. No commercial vehicle or truck over 3/4 ton shall 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 unless an instrument
signed by a majority of the then owners of the lots has been recorded,
agreeing to change said covenants in whole or in part.
5. The Developer 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 judgement
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 percent (25%) 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 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 developers 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, 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, barn or unmovable vehicle be used and/or maintained upon
any lot in said Subdivision at any time, whether temporarily or
permanently.
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, dogs, 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.
12. No fence, wall, 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.
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 discretions of the Developer.
18. A,11 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
plans 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.
19. All houses must have a two car attached or basement garage.
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 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 be finished to grade and there shall
be no exposed concrete block foundation, concrete foundation or
stucco foundation permitted.
IN WITNESS WHEREOF, the Developer has caused its name to hereunto
be subscribed by its duly authorized officer, this the 3rd day
of October, 1991.
TODDS ROAD DEVELOPMENT CORPORATION,
a Kentucky corporation
By: Henry Vettraino, Jr.
Its: Vice-President
