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Grantor hereby makes and declares the following limitations, restrictions,
and uses upon and of such real property (the Premises) as restrictive
and protective covenants running with the land, and as binding upon Grantor
and upon all persons claiming under Grantor and upon all future owners
of any part of such real property or of any lots therein, so long as these
restrictive and protective covenants shall remain in effect as now written
or as hereafter altered:
- These covenants are made for the purpose of creating and keeping
the Premises, in so far as possible, desirable, attractive, beneficial
and suitable in architectural design, materials and appearance; and
guarding against fires and unnecessary interference with the natural
beauty of the Premises; all for the mutual benefit and protection of
the owners of lots within the premises.
- No building shall be erected or maintained on any lot in said subdivision
other than a private residence and a private garage.
- No old used existing building or structure of any kind and no part
of an old used existing building or structure shall be moved on to,
placed or permitted to remain on any lot. All construction is to be
new material.
- Each dwelling house or residence construction on any lot in the subdivision
shall have a minimum floor area of 400 square feet, on one level, excluding
porches, carports, patios or garages.
- No structure shall be located nearer the road right of way line than
five feet or nearer to the side property line and rear property line
than five feet.
- No animals or birds other than household pets shall be kept on any
lot.
- No outside toilet or privy shall be erected or maintained on any
lot (Commercial or Residential) in the subdivision. All sanitary plumbing
shall conform with the minimum requirements of the Health Department
of Allen County, Kentucky and the Commonwealth of Kentucky.
- No sign of any kind shall be displayed to the public view on any
lot designated as residential dwelling except one professional sign
of not more than one (1) foot square, one sign of not more than five
(5) square feet advertising the property for sale or rent or signs customarily
used by builders or contractors to advertise the property during the
construction and sale period.
- All lots shall be kept in order with no piles of waste, junk, etc.
being permitted to be stored or laid around on lot. Each property owner
shall provide suitable receptacles for the temporary storage of refuse
and all receptacles shall be screened from the public view.
- All buildings must be completed within one year after construction
has begun. (Exterior Construction)
- There shall be allowed no mobile home or house trailer in the subdivision
nor any school buses used for the purpose of either permanent or temporary
living quarters. Likewise, there shall be no campers allowed in the
subdivision to be used as either temporary or permanent living quarters
with the exception of a temporary occupancy of a camper to be allowed
no longer than two weeks in any one month. Also, if a lot owner has
built and maintains a permanent residence in the subdivision, he will
be allowed to store a camper on his property so long as it is not used
for either permanent or temporary living quarters. School buses, mobile
homes, house trailers, and campers are defined as those terms are used
in the ordinary commercial sense.
- A garage may be built on the property so long as it conforms to the
same pattern and style in both material and design as the dwelling house
that has been built on the property. Also, garages may be built attached
to dwelling houses.
- All building plans for either dwelling houses or garages must be
submitted to and approved by Mr. Frankie Carver or his designated representative,
before construction may begin on the said building.
- The conditions, restrictions, stipulations, agreements and covenants
contained herein shall be for the benefit of and binding upon each lot
in the Premises, and each owner of property therein, his successors,
representatives and assigns, and shall continue in full force and effect
indefinitely. However, at any time those owning 75 percent of the lots
in the subdivision may amend said restrictions and covenants.
- If any person shall violate or threaten to violate any of the provisions
of this instrument, it shall be lawful for any person or persons owning
real estate in the subdivision to institute proceedings at law or in
equity to enforce the provisions of this instrument, to restrain the
person violating or threatening to violate the provisions, and to recover
damages, compensatory and punitive, including a reasonable attorneys
fee and costs of the court.
- Severability. Invalidation of any one of the provisions of this instrument
by judgment, court order or decree shall in no way affect any of the
other provisions which shall remain in full force and effect
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