DECLARATION OF REGULATIONS, COVENANTS,
CONDITIONS AND RESTRICTIONS
The undersigned, J. Chester Porter and Maria Bouvette are the “Owners”, “Developers” and “Declarants”, as those terms are used hereinafter. They, joined by Betty Porter and Joseph Bryant, their respective spouses, do this 18th day of May 1994, adopt the following Regulations, Covenants, Conditions and Restrictions for THE POINTE, Section II.
WITNESSETH: The undersigned being the owner of all the lots of THE POINTE, Section II, situated in Bullitt County, Kentucky do hereby adopt the following Regulations, Covenants, Conditions and Restrictions, which Regulations, Covenants, Conditions and Restrictions shall apply to all of the lots in THE POINTE , Section II, as shown on plat styled THE POINTE, Section II, which plat is recorded in Plat Book 2, Slide 84 in the office of the Clerk of the Bullitt County Court, as follows:
The Declarant hereto intending to establish a general plan for the use, occupancy and enjoyment of said Subdivision hereby declares that for the mutual benefit of its present and future owners, all lots therein shall be subject to the following restrictions:
1. (a) Primary Use Restrictions: No lot shall be used except for private single family residential purposes. No structure shall be erected, placed or altered or permitted to remain on any lot except one single family dwelling designed for the occupancy of one single family, not to exceed two and one-half stories in height in the front elevation and three and one-half stories in height in the rear elevation and containing an attached two or three car garage for the sole use of the owner and occupants of the lot. A garage is not required.
(b) There shall be no further subdividing of the lots in THE POINTE, Section II, unless approved in writing by the Developer.
(c) No portion of any lot in THE POINTE, Section II, shall be used for ingress or egress to another lot unless approved in writing by the Developer.
2. Minimum Floor Areas: The following shall be the minimum floor areas for homes to be
constructed after the instrument in recorded:
(a) The ground floor area of a one story house shall be a minimum of 1,600 square feet,
exclusive of the garage, basement and porches.
(b) The ground floor area of a one-half story house shall be a minimum of 1,000 square
feet, exclusive of the garage, basement and porches.
(c) The total floor area of a multi-level house shall be a minimum of 1,600 square feet,
(d) The ground floor area of a two story house shall be a minimum of 900 square feet,
(e) Finished basement areas, garages and open porches are not included in computing
floor areas under this Section.
3. A landscape plan shall be submitted to the Developer for approval in writing, which plan
shall show the trees, shrubs and other plantings to be planted on the lot. Each landscape plan shall have a minimum of two six foot deciduous trees in the front yard and in the case of a corner lot, two additional trees of at least the same size.
4. No building shall be located on any lot nearer to the front lot line or nearer to the side
street line than the minimum building set-back lines shown on the recorded plat. For the purposed of this covenant, eaves, steps and open porches shall not be considered as a part of the building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.
5. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be
done thereon which may be or may become an annoyance or nuisance to the
neighborhood.
6. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other
outbuildings shall be used on any lot at any time as a residence either temporarily or permanently.
7. No sign of any kind shall be displayed to the public view on any lot except one
professional sign of not more than one square foot, one sign of not more than five square
feet advertising the property for sale or rent or signs used by a builder to advertise the
property during the construction and sales period.
8. The construction of any residence, building or other structure on any lot shall be
completed within one (1) year from beginning date of said construction.
9. The exterior building materials of all structures shall extend to ground level and shall be either brick, stone, brick veneer or stone veneer or a combination of same. Developer recognizes that the appearance of other exterior building materials (such as wood siding) may be attractive and innovative and reserves the right to approve in writing the use of other exterior building materials which consent may be arbitrarily and unreasonably withheld by Developer.
10. No building shall be erected, placed or altered on any lot in Section II of THE POINTE until building plans and specifications and plot plans showing the location of such buildings have been approved in writing as to conformity and harmony of external design with the existing structures in the subdivision and as to location of the building with respect to topography and finished ground elevation by the developers.
11. No fences, walls or anything of a similar nature may be extended toward the front property line beyond the front wall of the residence. No chain link fence permitted, all fences must be approved by Developer.
12. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot,
except that dogs, cats or other household pets may be kept; provided that they are not
kept , bred or maintained for any commercial purposes.
13. No outside clothes line shall be erected or placed upon any lot.
14. Each lot owner shall concrete or asphalt the driveway within six month after completion of a single family dwelling.
15. Use of front lawn area: No portion of the within described premises nearer to any highway than the building lines as hereinbefore fixed, shall be used for any purpose other than that of a lawn. Nothing herein contained, however, shall be constructed as preventing the use of such portion of said premises for walks and drives, the planting of trees and shrubbery, the growing of flowers or ornamental plants or for statuary foundations and similar ornamentation for the purpose of beautifying said premises but no vegetables, so-called, nor grains or the ordinary garden or field variety shall be grown upon such portion of the premises an no weeds, underbrush, or other unsightly growths shall be permitted to grow or remain anywhere upon said premises and no unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon.
16. No above ground swimming pools shall be erected or place on any lot unless its design and placement are approved in writing by the Developer, which approval shall be within the sole and absolute discretion of the Developer and may be arbitrarily and unreasonably withheld.
17. (a) Each owner of a lot shall, at his sole cost and expense, repair his residence, keeping the same in condition comparable to the condition of such residence at the time of its initial construction, excepting only normal wear and tear.
(b) If all or any portion of a residence is damaged or destroyed by fire, or other casualty, then the owner shall, with all due diligence, promptly rebuild, repair or reconstruct such residence in a manner which will substantially restore it to its apparent condition immediately prior to the casualty.
18. No trade or business of any kind (and no practice of medicine, beauty shop, dentistry,
chiropody, osteopathy and other like endeavors) shall be conducted on any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Notwithstanding the provisions hereof a new house may be used by a builder thereof as a model home for display or for the builder’s own office provided said use terminates within eighteen months from completion of the house or at the expiration of such additional period of time as may be expressly agreed to in writing by Developer.
19. No lot shall be used or maintained as a dumping ground for rubbish, trash or garbage.
Trash, garbage or other waste shall not be kept except in sanitary containers.
20. No carport shall be constructed on any lot unless approved in writing by the Developer,
such approval may be withheld arbitrarily and unreasonably by the Developer at his sole
discretion.
21. Accessory Building: No barn, shed, shop or other outbuildings shall be erected, placed or
suffered to remain upon the premises unless approved by the Developer in writing. Site
plan must be provided
22. No inoperable motor vehicles without a legal license shall remain on street or lot for more
than seven (7) days.
23. Installation of improvements: The Declarant hereto expressly reserves to and for itself and its designee, the sole and exclusive right to petition the proper authorities for any and all street improvements and without intending to limit the generality of the foregoing specifically to petition for grading, seeding, tree planting, sidewalks, paving, sewer and water installations, whether it be on the surface or subsurface, which in the sole opinion of the Declarant hereto is necessary or desirable in the subdivision of which the premises hereby covered are a part; and the Declarant hereto agrees to and does hereby consent to and affirms any agreements that may be entered into between the Declarant hereto or its designees and any public authorities with respect to the installation of said improvements; and the Declarant hereto hereby waives all notice with reference to said petitions and hereby consents to all other acts and things that may be necessary in the matter and hereby authorizes and agrees to affirm and ratify all such agreements and acts on the part of the Declarant hereto or its designee in regard thereto.
24. Grade of land: The Declarant hereto also expressly reserves to and for itself or its
designee, the sole and exclusive right to establish grades, slopes and swales on the land
hereby conveyed and to fix the grade at which any dwelling shall be hereafter erected or
placed hereon. So that the same may conform to a general plan, subject also, however, to
local building code restrictions.
25. Incorporation into deed: The above covenants, reservations and restrictions shall be
incorporated verbatim or by reference in every deed hereafter issued conveying any part of the premises above described.
26. These covenants are to run with the land and shall be binding on all parties and all
persons claiming under then 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 ten (10) years 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.
27. Enforcement shall be proceedings at law or in equity against any person or persons
violating or attempting to violate any covenant either to restrain violation or to recover damages.
28. Invalidity of any one of these covenants by judgment or court order shall in no wise
affect any of the other provisions which shall remain in full force and effect.
29. Wherever action is required herein by Developer, it may be taken by its duly appointed
assignee.
Please note this is a typed copy of the original Declaration of Regulations, Covenants,
Conditions and Restrictions for THE POINTE Subdivision. A copy of the original with
signatures and deed book stamps are available upon request. The Deed Book number
is 389 pages 665-670.