Fourth Amended Deed Restrictions Of Darby Pointe Section III & Third Amended Deed Restrictions Of Darby Point Section IV Buckner, Kentucky
Darby Pointe, Inc. a Kentucky Corporation, has filed in the Oldham County Clerk’s Office, a subdivision known as Darby Pointe Section III, dated October 15, 2001, recorded in Plat Book R7, Page 409, and First Amended Deed Restrictions, dated January 3, 2002, recorded in Plat Book R7, Page 575, and a subdivision known as Darby Pointe Section IV, dated August 25, 2003, recorded in Plat Book R8, Page 291, and hereby imposes on all property shown on said plat the following Amended Deed Restrictions for the protection and conservation of its value as to the use and improvements of said property, all of which shall be observed by the purchasers of lots in said development, their successors in title and their heirs and assigns, to-wit:
EASEMENTS – REFERENCE TO PLAT
1. All lots are subject to the easements for electrical, drainage, gas, water and telephone utilities as shown on the plat of said subdivision. Easements are reserved as shown on the recorded plat with right of ingress and egress and with the right to cut down or to trim any trees within the easements that may interfere with the installation or operation of the utility lines. The easements shall be kept free of all obstructions, including permanent fences, trees, shrubbery, and gardens.
REQUIREMENTS FOR RESIDENCES
2. All residences erected on lots in this subdivision must face the roads as shown on the plat. All corner lot locations of residences will be approved by the Homeowners Association, but set back requirements from each road shall apply. Residences on lots facing more than one street shall require approval of the Homeowners Association as to which street the residence shall face.
3. All residences shall be used exclusively for single family private residences. No more than one dwelling house designed for occupancy by a single family shall be erected on any one lot. No house trailers, basements, tents garages, outbuildings or temporary structures shall be used as a residence on any site. No berm houses or variations thereof.
4. No residence shall be occupied until the exterior of the house is fully completed in accordance with the plans and specifications as submitted and approved by the Homeowners Association.
5. Residences erected on said lots shall contain the following minimum square feet floor space:
a. One-floor plan residence, 1500 square feet on the main floor, not including garage, breezeway and porches.
b. Two-story residence, 1000 square feet on the main floor, and not less than 2000 feet overall not including garage, breezeway or porches.
c. One and one-half story residences, 1800 square feet with a minimum of 1100 on the main floor, not including garage, breezeway or porches.
d. Bi-level floor plan residences, 1400 square feet on the main floor, not including garage, breezeway and porches.
e. Tri-level floor plan residences, 2100 square feet combined total of the three levels, not including garage, breezeway and porches.
6. All residences erected shall have exterior walls of brick, brick veneer, stone or stone veneer, clapboard, vertical siding or approved plywood and vinyl siding. Other materials shall first meet the approval of the Homeowners Association. Each residence shall be compatible with the overall development of the subdivision and have a minimum of 10% of the siding to be masonry. All roof pitch shall be a minimum of 7” over 12”.
7. All driveways are to be either asphalt or concrete and completed before house is occupied.
8. All residences shall have attached garages for storage of cars, boats, campers, (no boats or campers are to be stored outside during winter months), lawn tractors and other vehicles. When the shape of the lot makes a garage more practical in the basement, this requirement may be waived by the Homeowners Association, in writing, provided that the residence contains 15% more square footage than the minimum required.
9. The front of all residences, including all bays, porches, etc., shall be restricted to the building line that is shown on the plat; the side and rear building lines for each lot shall be a minimum of 20 feet from each side lot and 25 feet from each rear lot line. On corner lots the street side yard shall be treated the same as a front yard. Any side yard retaining walls visible from the street shall be veneered with brick or stone.
10. Before any excavation or construction is begun, all plans for the residence and outbuilding thereon must be submitted to and approved by the Homeowners Association who shall have the right to approve or disapprove any submitted plan. The approval or disapproval shall be in writing.
11. All construction shall be confined to the boundaries of the lot under construction, and the owner or builder will be liable for damages to any other lot or road damaged outside his particular lot.
12. All outbuildings shall be neat and attractive in appearance and similar in design and color scheme to the residence. All outbuildings shall have exterior walls of brick, brick veneer, stone or stone veneer, clapboard, vertical siding or approved plywood and vinyl siding. Other materials shall first meet with the approval of the Homeowners Association. All out buildings must be placed behind the back plane of the residence and restricted to the building line that is
shown on the plat on corner lots. The Homeowners Association must approve all outbuildings and outbuilding placements. Out buildings with an interior square footage more than 240 will be considered a detached garage. In addition to the restrictions for all outbuildings, detached garages shall have the following restrictions. Each detached garage shall be compatible with overall development of the subdivision, have a minimum of 10% of the siding to be masonry, and the roof pitch shall be a minimum of 7” over 12”. Plywood siding will not be allowed on detached garages. The side and rear building lines for each detached garage shall be a minimum of 20 feet from each side lot line and 25 feet from each rear lot line. Any retaining walls visible from the street shall be veneered with brick or stone. Detached garages shall have appropriate landscaping.
LOT USE & MAINTENANCE
13. None of said lots shall be divided or diminished in size unless the same shall be used with an adjacent lot for the purpose of constructing one dwelling thereon.
14. All fences must be of plank, picket or wood rail. There shall be no front or street yard fences. No fence shall exceed the height of 54 inches and shall be open construction. Fence gates not matching original or made of different material shall first meet with the approval of the Homeowners Association. Chain link gates will not be permitted. All fences and gates must be approved by the Homeowners Association.
15. No cattle, horses, swine, poultry, or other like animals shall be raised on any site. No pen or kennel for commercial purpose. All pet houses or runs shall have prior approval by the Homeowners Association.
16. No lot shall be used as a dumping ground for rubbish, trash, or other waste. Garbage and other waste shall be kept in sanitary containers and said containers shall be kept in a clean sanitary condition.
17. No signs or commercial advertising shall be permitted on any lot other than for sale of residence or the lot itself.
18. Building materials shall not be stored on a lot prior to construction for a period of more than sixty (60) days without permission of the Homeowners Association.
19. The finished landscaping of lots is to be completed before the residence is occupied and to include at least two trees at least 1-1/2” in diameter or better, in front yard. No above ground swimming pools will be permitted. All front ditch lines will be graded to meet the county specifications. All right of way (property line to pavement) will be sodded.
20. No noxious or offensive conditions or activities shall be permitted or carried on upon any property, nor shall anything be done therein which may be or become an annoyance or nuisance to the neighborhood.
21. Each lot shall have a minimum 20 foot long x 15 culvert under the driveway serving that lot, to be installed by the lot owner at his expense, before construction begins. A culvert may be omitted if the ditch is shallow and the driveway is level with the bottom of the ditch and will not obstruct the flow of water in the ditch. All lots must have a culvert permit from the Oldham County Road Department.
22. The purchaser of each lot agrees that he will not use or permit the use of said lot, nor sell any portion thereof, for a passageway leading from the road to any adjoining property.
23. All lots shall be properly cut and maintained. The Homeowners Association reserves the right to approve or disapprove the general appearance and condition of any lot. All lots must be mowed at least four (4) times during the specified times. The first mowing shall be completed between March 1 and April 15. The second mowing shall be completed between May 1 and June 15. The third mowing shall be completed between July 1 and August 15. The forth mowing shall be completed between September 1 and October 15. If an owner fails to mow his lot during the specified times, the Homeowners Association reserves the right to mow same and charge the owner $150.00 per lot per mowing. If said charge is made, this charge shall constitute a lien upon the lot until the obligation is paid; however, this lien shall be second and inferior to any subsequent valid mortgage or vendor’s lien against any lot, and the Homeowners Association do hereby subordinate the same.
APPEARANCE ITEMS AND DRAINAGE
24. A plot plan drawing showing the house, driveway, and any accessory buildings shall be submitted with each set of plans for approval. Any drainage or utility easements should also be shown. No garage door shall face the street. All mail boxes shall conform to a model and type as selected by the Homeowners Association. No exterior clothes lines are permitted. Any exterior television or radio antenna, or dish must have prior approval as to design and location.
ROADS AND DRAINAGE
25. The roads in Darby Pointe Section III & IV have been constructed according to the requirements of the Oldham County Planning and Zoning Commission and inspected by the Oldham County Road Department. The developers are responsible for any maintenance until such time that the roads are taken into the Oldham County Road System. Any damage to the roads caused by construction will be assessed to the lot owner or builder and failure to pay for damage(s) will cause a lien to be filed on the property. The finished coat of surface will be installed when 80% of the lots are sold. A bond of a sufficient amount to complete the road is on deposit with the Oldham County Planning and Zoning Commission.
The drainage and erosion in any subdivision is very critical. The drainage on any lot, as constructed by the developers, will be maintained by the lot owner. Any damage or alteration to the drainage must be repaired by the lot owner and failure to repair any damage will cause a lien to be placed on said lot. All care must be taken to control erosion during and after construction. No erosion control devices shall be removed until sufficient vegetation is established.
HOMEOWNER’S ASSOCIATION
26. In order to provide for the continued maintenance, and to establish an equitable and orderly financing plan for preserving the usefulness and appearance of the drainage, and other facilities and areas therein, there is hereby provided for and established the Darby Pointe Section III & IV Homeowners Association (herein called the Association) in which the owners of each lot in said Darby Pointe Section III & IV, shall upon acquisition of title be deemed to hold one (1) membership and be entitled to one (1) vote or voice in the organization and conduct of the affairs and business of the Association, which membership and voting right shall pass with title to the succeeding owner or owners of such lot.
27. At such time as fifty (50%) percent of all of the lots affected have been sold or transferred to others by the present owners or earlier in the absence of objection by said present owners, said Association shall meet and formally organize upon notice to those members as defined above residing in Darby Pointe Section III & IV, such notice may be issued or circulated by or on the initiative of any two (2) or more of such resident members. The Association may elect or use another name or designation of its choice, and may choose to incorporate. The principal purpose for the establishment of a Homeowners Association is to collect the annual maintenance fee, or other such source of revenue, to pay for subdivision entrance way walls, sign, and landscape. The officers and directors of the Association shall be responsible to all lot owners for a proper accounting for all maintenance funds collected. It is understood that, unless otherwise provided in the By-Laws of the Association, the officers and directors of said Association shall have total discretion in the use of maintenance funds for street maintenance and entrance way maintenance.
28. All lot owners who have paid the fees herein provided shall automatically become members of said Association. The business of the association shall be conducted by the Board of Directors who shall be elected from the general membership at annual membership meetings. Said Directors are to administer the collection of the fees herein described and expend same for the aforesaid maintenance and make an annual accounting to the membership of all funds collected and disbursed. The Association shall adopt By-Laws and conduct all business pursuant to the terms of said By-Laws.
29. Annual payment of fees in accordance with the terms and specifications of these restrictions shall be required as a condition to voting membership in the Association, in addition to other conditions set forth in duly adopted By-Laws.
30. The Association or the owner of any subdivision lot may enforce these Restrictions and covenants by proper legal proceedings, and the invalidation of any one or more of these restrictions and covenants or any part thereof, by judgement of order of any court, shall not affect the other restriction and covenants which remain in full force and effect as herein provided.
31. Said sums shall be collectable in a calendar year at one hundred (100%) percent for owners receiving title from Developers prior to July 1 and fifty (50%) for owners receiving title from Developers after July 1, or any calendar year.
32. The Association shall assume and have responsibility for the maintenance and upkeep of the appearance of the entrance ways in Darby Pointe Section III & IV; of its storm drainage facilities and areas; and of any public areas, lighting and other services installed or established later. The amount of assessment for these services will be established by the Association.
NATURE OF RESTRICTIVE COVENANTS, AMENDMENTS, AND RELATED MATTERS
33. Any of the restrictions imposed herein may be altered or abolished by an agreement between the owners of fifty-one (51%) percent of the lots in the subdivision whether owned by developers or others, acknowledged and recorded as Amended Restrictions. Such alterations or abolition shall thereafter be binding on all owners of the lots in the subdivision.
34. These restrictions may be enforced by the Homeowners Association, or any lot owners; provided, however, that failure to promptly enforce any of the restrictions of covenants contained herein or as shown on the plat shall not be deemed a waiver of the right enforce thereafter and the invalidation of any of the covenants or restrictions contained hereby Judgement of any Court of competent jurisdiction shall not affect any of the other restrictions and covenants which shall remain in full force and effect.
35. All the restrictions and provisions herein shall be deemed to be covenants running with the land and binding upon the parties hereto, the heirs, assigns and successors and to each purchaser, his heirs, successors and assigns and shall be in full force and effect from the date of the recording of such Restrictions.
36. Any resident not in violation of the primary restrictions of Darby Pointe Section III & IV at the date of recordation of the above Amended Restrictions shall not be deemed in violation of these Amended Restrictions.