Deed Restrictions
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DECLARATIONS OF RESTRICTIONS
ELK CREEK RIDGE
DECLARATIONS OF RESTRICTIONS ELK CREEK RIDGE THIS DECLARATION OF RESTRICTIONS made and entered into this 22nd day of July, 2005, by and between Elk Creek Ridge, developer and owner (the "Developer") of the real property described in a deed dated of record in Deed Book 190, Page 343, in the Spencer County Clerk's Office.
WITNESSETH:
WHEREAS. the Developer is the owner of all lots as shown on the plat of Elk Creek Ridge, which plat is recorded in Plat Cabinet , Slide , in the Spencer County Court Clerk's Office, and which is a part of the real property described in a deed dated, in record in Deed Book 190, Page343 in the Spencer County Clerk's Office; and;
WHEREAS, the Developer desires to place the following restrictions on the use and development of the subject property;
NOW THEREFORE. the following restrictions are imposed on all lots of Elk Creek Ridge, plat of record in Plat Cabinet 4, page 55, in the aforementioned clerk's office:
1. All lots shall be used exclusively for single family private residential purposes only. Each residence may be occupied by only one family.
2. Each lot shall contain no more than one (1) dwelling house and may contain one (1) unattached structure so long as such unattached structure does not reside beyond the front of the house. All homes must have at least a two (2) car garage whether attached or unattached.
3. No single-wide mobile homes, no double-wide mobile homes, no premanufactured homes and no modular homes shall be permitted.
4. The minimum square footage of single floor (ranch) homes constructed shall be 1,500 square feet. and the finished living space shall be exclusive of open porches. garages and basements. The minimum square footage of one-and-ahalf story home shall be ),900 square feet with at least 1,200 square feet on the main floor. The minimum square footage for a two-story house shaHbe 2,100 square feet. All square footages are to be exclusive of open or screened porches, garages and basements. No home shall exceed 2 1/2 stories.
5. The exterior building materials of all structures shall consist of the entire home being either brick, stone, brick veneer, stone veneer or a combination thereof. The sides and back walls of each home may be of an innovative material such as James Hardie acceptable to the developer. Developer recognizes that the appearance of other exterior materials may be attractive and innovative, and reserves the right to approve in writing the use of other exterior building materials.
Developer. Brick or stone posts are allowed to house mailboxes. ,At a
minimum, the landscape plan shall include two trees to be planted in the front
yard, with each tree at least one and one-fourth (1 1/4) inch in diameter. In
addition. a minimum investment of FIVE HUNDRED DOLLARS ($500.00)
in landscaping must be made for the front and side yards of the main dwelling.
This minimum investment for landscaping shall not include monies expended
for seeding. sodding. or strawing of the lawn. Landscaping and any sidewalks
shall be completed within two (2) months of the completed construction.
7. No permitted improvements shall be erected, placed or altered on any lot until
the construction plans and building specifications and an elevation plan
showing the (a) grade elevation (including rear, frunt, and side elevations); (b)
location of the stmcture, any fence, unattached structure, wall or
improvements on said lot; (c) the type of exterior material, including, but not
limited to, rooting materials, and including the delivery of a sample of any
building material, if required and (d) the location and size of the driveway,
which shall be concrete, have been approved by the Developer. Additionally,
a landscape plan shall be submitted to the Developer for approval in writing.
which plan shall show the nulmber and placement of trees, shrubs, and other
plantings. Once approved all such plans shall not change without prior
written approval of the Developer.
8. Except for funcing on the perimeter of the subdivision. no fence. wall or
hedge of any nature may be extended toward the front or side street side
property line beyond the front or side wall of any residence. No fence taller
than 54 inches in height shall be permitted on the perimeter of each lot. No
chain link fence shaHbe erected on any lot in the subdivision. Fences used for
privacy around an in-ground pool, patio or garden area may be up to 72 inches
in height. All such fencing taller than 54 inches must be approved, in writing,
by Developer or any person or association to whom they may assign this right.
9. No satellite dish/special radio-telephone transmitting antenna may be
constructed or placed on any lot without the prior written consent of the
Developer or his authorized representative. Principal Developer concerns are
with regard to location, aesthetic and eftective measures to screen such
equipment from public view and safety. The maximum size satellite dish
allowed shall be 30" in diameter.
10. No tennis court shall be erected on any lot without the prior written consent of
the Developer.
11. No solar unit may be visible from the street of the subdivision.
12.No buildings shall be located on any lot nearer to the front line than forty (40)
feet from the right-of-way. Developers reserve the right to change this
requirement at their discretion in order to install the latcrallincs of the septic.
systems.
13. Where a culvert is required for necessary drainage, each lot owner, at his
expense, shall install, maintain, and keep open, such culvert to provide
adequate drainage. A culvert must be installed at the time the lot owner puts a
driveway into his property. The diameter and material of the culvert shall be
approved by the Developer and shall be a minimum of twenty-eight (28) feet
long. A change in dimensions due to terrain or cul-de-sac limitations must be
approved by the county road engineer and the Developer.
14.No trailer, basement, tent, shack, RV, camper, garage or storage building
erected or parked on any lot shall at any time be used as a residence,
temporarily or permanently. Any buildings erected on any lot shall be
constructed of materials and workmanship that is in conformity and harmony
with existing structures.
15. Storage of building materials upon any lot shall be restricted to thirty (30)
days prior to the start of construction.
16. All construction must be completed within eight (8) months of building
materials being placed on the lot.
17.No noxious or offensive trade or activity shan be permitted on said lots, nor
shall anything be done thereon which is or may become an annoyance or
nuisance to other owners. No inoperable cars, trucks, tractors or any other
inoperable vehicles are allowed on any lot in the subdivision, except in closed
structures where the same shall not be visible to adjoining property owners or
from the roadways. No semi-tractors or semi-trailers shall be parked or stored
anywhere or on any lot within the subdivision.
18. The real estate shall not be used or maintained as a dumping ground for
rubbish, trash, garbage, etc., or other waste shall not be kept, except in
sanitary containers. All incinerators or other equipment for the storage or
disposal of such material shall be kept in a clean and sanitary condition. If
junk is reported on the property, the lot owner will be given notice and have
thirty (30) days to remove. If not removed, a penalty of FIFTY DOLLARS
($50.00) per day will be charged for every day the junk remains on the
property. The lot owner shall immediately upon demand reimburse Developer
for its cost incurred in taking such action. A lien for any such work shall be
placed on the property to secure payment to the Developer.
19.No pennanent signs are to be attached to or placed upon any lot except the
owners name plate and/or house numbers. No commercial advertising shall be
permitted, with the exception of Realtor signs. The Developer herein,
however, reserves unto itself the right and privilege to erect or place a sign or
signs upon any of said lots owned by it for the purpose of promoting sale of
said lots and at the entrance to the subdivision. Pertaining to yard sales/garage
sales, only two are allowed per lot per year.
20. No outside clothesline shall be erected or placed upon any lot.
21. No husiness shall be conducted on the premises except such business that is
approved by lhe Developers and the Taylorsville-Spencer County Joint
Planning and Zoning Commission.
22. No animals, including reptiles, livestockor poultry of any kind shall be raised,
bred, or kept on any lot except dogs, cats or other household pets (meaning the
domestic pets traditionally recogniited as household pets in this geographic
area) may be kept provided they are not kept, bred, or mainrained for
commercial or breeding purposes. All household pets. including dogs and
cats shall be at all times confined to the lot occupied by the owner of such pet.
Dogs may be walked through the subdivisionon a leash only.
23. Any tank used to store heating fuel must meet all federal, state and local
environmental statutes and regulations. Propane tanks must be buried. All
utility connections servicing a residence or outbuilding must be placed
underground.
24. A lot owner shall keep his lot free and clear of all weeds and trash. and
generally keep it neat and attractive in appearance. Prior to beginning
construction, lot owners shall ensure that the grass level does not exceed six
(6) inches in height. Should any lot owner fail to keep his lot neat and
attractive, and free and clear of all weeds and trash. Developer may take such
action as it deems appropriate, including mowing the grass to make the lot
neat and attractive. The lot owner shall immediately upon demand reimburse
Developer for its costs incurred in taking such action. A lien for any such
work shall be placed on the property to secure payment to the Developer.
Owners shall maintain the portion of the right of way adjacent to their lot.
25. All lots (except those owned by the Developer) shall be subject to an annual
maintenance fee of ONE HUNDREDDOLLARS ($100) per lot. For the
purpose of maintaining the entrance to Elk Creek Ridge and enforcing the
foregoing restrictions, an Association shall be formed by the Lot Owners
when seventy-five percent (75%) of the lots have been sold to third parties.
The association shall have the power to assess each lot owner an annual fee
for maintenance and utility costs as may be deemed necessary, and to placea
lien against lots for any amount remaining unpaid. The lot owners shall elect
three (3) officers each year to represent them and to distribute funds collected
for maintenance and upkeep. For voting purposes, each lot shall be entitled to
one (1) vote. Until such time as the Association is formed, the Developer will
maintain and upkeep said entrance and enforce the foregoing restrictions.
26. The above covenants and restrictions shall be incorporated verbatim or by
reference in every deed hereafter delivered conveying ally part of Elk Creek
Ridge.
27. The Developers reserve the right to amend these restrictions so long as the
Developers improve upon said restrictions or until seventy-five percent (75%)
of then owners of the lots, agree to change said covenants in whole or in
part.
28. These covenants 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 shall be recorded, after which time said covenants shall
be automatically extended for successive periods often (10) years unless an
instrument signed by fifty-one percent (51%) of the then owners of the lots
has been recorded, agreeing to change said covenants in whole or in part.
29. Invalidation of any one of these covenants by judgment or court action or
order shall in no way affect any of the other provisions herein, which shall
remain in full force and effect.
30. Enforcement of the foregoing restrictions, covenants and conditions shall be
by proceeding at law or in equity against any person or persons violating or
attempting to violate any covenant or restrain violation or to recover damages,
and said persons shall be responsible for reasonable attorney fees and all court
costs of said proceeding.
31. No lot owner shall be allowed to construct any road other than a private
driveway for said lot with the subdivision.
32. Any pool to be constructed, whether above-ground or in-ground, must be first
approved, in writing, by the Developer. Developer reserves the right to ensure
the ascetic quality of any pool and any such pools potential impact on any
other owner's view and/or property value. No pool shall be located on the
side yards or front of a house.
33. All unattached structures, such as a garage, may not sit beyond the front of the
house.
34. The Developer, or designee, also reserves the right to approve any builder that
a lot owner will be using for construction of a residence. The Developer, or
designee, shall receive from the buyer the name of the builder and any
designations or references that the Developer deems needed. The Developer
shall make a decision on whether to approve any builder at it's sole discretion.
Homes that are built "by owner", unless the owner is an approved and
experienced building contractor, are highly discouraged and any such
construction that will be done "by owner" must first be approved, in writing,
by the Developer or designee.
35. The Developer may transfer any of the rights outlined in these restrictions to a
designee of the Developer's sole choosing.
AMENDED RESTRICTIONS
FOR
ELK CREEK RIDGE SUBDIVISION
Comes the undersigned, STERLING.BUILT HOMES, LLC, a Kentucky Limited Liability Company; and T & S REALTY, INC., a Kentucky corporation; and GOODLET and KLEMPNER, INC., a Kentucky corporation all on the 21st day of June, 2006, and do hereby adopt the following amended restrictions for Elk Creek Ridge Subdivision, plat of which is recorded in PJat Cabinet 4, Slide 55, Spencer County Clerk's Office; and whereas the undersigns desire to amend therestrictions for the use and development of the subject property:
Now, therefore the following restrictions are imposed on all lots of
Elk Creek Ridge Subdivision:
1. Restriction Number 2 is amended to provide that the developer, it's
successors and assigns, shall approve in writing the location, size and
building materials used for all unattached structures.
2. Restriction Number 4 is modified to provide that all ranch-sty1e
homes shan be a minimum of 1,600 sq. ft., all 1 1/2-story homes shall
be a minimum of 2,OOO sq. ft., and a11 2-story homes shall be a
minimum of 2,200 sq. ft. All homes must have at least an 8/12 roof
pitch. All home plans shall be approved, in writing, by Developer or
it's assign. Developer will require in written form, among other
items, a copy of the floor plans, front, side, and rear elevations, and
specifications for all exterior building materials to be used prior to
approving any home plan.
3. Restriction Number 6 is amended to provide that brick or stone posts
shall not be allowed for the purposes of housing mailboxes.
4. Restricton Number 8 is amended to add that fencing material shall be
of wood or composite material and shall be approved by Developer in
writing prior to construction and placement on any lot.
5. Restriction Number 25 is modified to provide that the annual
maintenance fee shall be $150.00 per lot. In addition, the annual
maintenance fee may be changed by the Developer or the Association,
should one be formed, by a majority vote.
6. No vehicle, camper, recreational vehicle, boat, trailer, all terrain
vehicle or any other motorized or non-motorized vehicle may be
parked on the street other than for visitation or tempomry period not to exceed 48 continuous hours. All vehicles, campers, recreational vehicles, trailers, boats, all terrain vehicles or any other motorized or non-motorizedvehicle must be parked to the side yard or back yard of each house if not parked in the garage and shall be parked no further forward than the front corner of the house located on the lot. No such vehicle shall be permanently or consistently parked to the front of the
house or allowed to remain in said location.The above motorized and non-motorized vehicles may be housed on the subject property provided same are maintained within an enclosed garage.
7. The remaining restrictions not otherwise amended or modified shall
continue in full force and effect