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DECLARATION OF REGULATIONS, COVENANTS,
CONDITIONS AND RESTRICTIONS FOR
WILSON
CREEK FARMS
The undersigned,
WILSON CREEK DEVELOPMENT, LLC, a Kentucky Limited Liability Company, is the
“Owner”, “Developer” and “Declarant”, as those terms are used hereinafter, does
this 24th day of June, 2003, adopt the following Regulations,
Covenants, Conditions and Restrictions for WILSON CREEK FARMS, SECTIONS 1 AND
2.
WITNESSETH:
The undersigned being the owner of all the lots in WILSON CREEK FARMS,
SECTIONS 1 AND 2, situated in Bullitt County, Kentucky, so hereby adopt the
following Regulations, Covenants, Conditions and Restrictions, which
Regulations, Covenants, Conditions and Restrictions shall apply to all of the
lots in WILSON CREEK FARMS, SECTIONS 1 AND 2, as shown on plat styled WILSON
CREEK FARMS, SECTIONS 1 AND 2, which plats are recorded in Plat Cabinet 2,
Slides 657-659 in the office of the Clerk of the Bullitt County Court, as
follows:
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 WILSON CREEK FARMS,
SECTIONS 1 AND 2, unless approved in writing by the Developer.
(c)
No portion of any lot in WILSON CREEK FARMS, SECTIONS 1 AND 2,
shall be used for ingress or egress to another lot unless approved in
writing by the Developer.
2.
Dwelling houses erected shall contain the following minimum square feet of floor
spaces:
(a)
One story floor plan: 1300 square feet, not
including garage, carport,
breezeway or porches.
3.
No building shall be erected, placed or altered on any lot in WILSON CREEK FARMS,
SECTIONS 1 AND 2, until building plans and specifications and plot plans
showing the locations of such building have been approved in writing as to
conformity and harmony of external design with existing structures in the
subdivision, and as to location of the building with respect to topography and
finished ground elevation by Developer.
4.
Landscaping of the front portion of any house constructed shall be the
sole
responsibility of
the lot purchaser.
5.
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 purposes 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.
6.
No trade or business of any kind (and no practice of medicine, dentistry,
chiropractic
or 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 upon such additional period of time as may be expressly agreed to in
writing by Developer or any entity, person or association to whom it may assign
such right.
7.
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.
8.
No sign for advertising or for any other purposes shall be displayed on any lot or a
building or a structure on any lot, except one sign for advertising the sale or
rent thereof, which shall not be greater in area than nine square feet;
provided, however, Developer shall have the right (1) to erect larger signs
when advertising the Subdivision; (2) to place signs on lots designating the
lot number of the lots; and (3) following the sale of a lot, to place signs on
such lot indicating the name of the purchaser of that lot.
This restriction shall not prohibit placement of occupant name signs and
lot numbers as allowed by applicable zoning regulations.
9.
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.
10.
Lot
owners and residents are responsible for mowing their property once they obtain
title to the property. Vacant lots must
be kept mowed by the owner.
11.
From and after the date of construction of a single family residence on a lot is
started, it shall be the duty of each lot owner to keep the grass on the lot
properly cut, to keep the lot free from weeds and trash, and to keep it
otherwise neat and attractive in appearance.
Should any owner fail to do so, then Developer, or any entity, person or
association to whom it may assign the right, may take such action as it seems
appropriate, including mowing, in order to make the lot neat and attractive.
The owner shall immediately upon demand, reimburse Developer or other
performing party for all costs expended.
12.
(a) The exterior building materials of residences shall be either brick, vinyl,
wood, stone, brick veneer or stone veneer or a combination of same.
However, Developer recognizes that the appearance of other exterior
building materials may be attractive and innovative, and reserves the right to
approve in writing the use of other exterior building materials.
13.
No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any
lot, except that of dogs, cats or other household pets may be kept; provided
that they are not kept, bred, or maintained for any commercial purposes.
Horses may be kept on lots and must be kept in a manner not to be a
nuisance to an adjoining property owner. No
more than three (3) horses may be kept at any one time.
Fencing for lots where horses are kept must be approved by the
Developer.
14.
Any swimming pool erected or placed on any lot must be fenced around the perimeter
of the swimming pool.
15.
Each lot shall contain not more than one (1) dwelling house and one (1) garage and
one (1) barn. No mobile or modular homes
are permitted.
16.
All vehicles, trailers, boats, etc. must be parked on the driveway surface or housed
in a garage.
17.
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 or shrubbery, the growing of flowers or ornamental plants or for statuary
foundations and similar ornamentations 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 and no weeds,
underbrush, or other unsightly growths shall be permitted to grow or remain
anywhere upon said promises and no unsightly objects shall be allowed to be
placed or suffered to remain anywhere thereon.
18.
(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.
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.
No inoperable motor vehicles shall remain on a street or lot for more
than seven
(7) days.
No vehicle shall be regularly parked on the street or streets in the
subdivision.
22.
No commercial vehicles, i.e. trucks, school bus, bulldozers, etc., shall
be parked
on any lot of any
type or street at any time unless housed in a building.
23.
When
a culvert is required for necessary drainage, each lot owner shall install,
maintain,
and keep open, such a culvert for this entrance and driveway and to provide
adequate drainage. No soil or fill of any
nature shall be added to or removed from any lot to the detriment of the
adjoining lots. Driveway culverts must
meet minimum Bullitt County Regulations, 15” x 20’ culvert unless otherwise
approved.
24.
WILSON
CREEK DEVELOPMENT, LLC has built roads in
WILSON
CREEK
FARMS,
SECTIONS 1 AND 2, in compliance with Bullitt County, Kentucky road
specifications (Subdivision Regulations, Sec. 401.02-12-87, and County
Ordinance 90-46, Deed Book 002 Page 212, in the Office of the Bullitt County
Court Clerk). The Developer will request
the roads be taken by
Bullitt
County
upon 80% of the lots having been sold.
25.
(a)
Proper drainage from houses to ditches is the sole responsibility of the
homeowner.
Drainage easements are the lot owner’s responsibility.
A subdivision drainage plan has been approved by the Bullitt County
Planning and Zoning.
(b)
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 it’s
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.
26.
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.
27.
Accessory
Building
- No more than two (2) detached buildings
shall be placed on
any
lot unless otherwise approved by the Developer.
Buildings must be constructed of metal, wood, brick or aluminum with a finished
exterior. The Developer reserves the
right to approve other building materials.
28.
Any
fencing that extends past the front edge of a residence must be wood plank or
vinyl
type fencing. Fencing of the front
portion of the lot between the house and street must be approved by the
Developer.
29.
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.
30.
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 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.
31.
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.
32.
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.
33.
Wherever
action is required herein by Developer, it may be taken by its duly
appointed
assignee.
34.
Upon
100% of the lots being sold in WILSON CREEK FARMS, SECTIONS 1
AND
2, or at the Developer’s discretion, whichever shall occur first, the Developer
shall appoint three (3) lot owners to serve for four (4) years as Trustees of
Wilson Creek Farms, hereinafter referred to as “Homeowners Association”.
The Homeowners Association shall exercise those powers, duties, and
functions set forth in these Restrictions, including the legal standing and
authority to enforce these Restrictions. Any
vacancy on the Homeowners Association shall be filled by a vote of lot owners
as provided by rules adopted for conduct of business by the Homeowners
Association. The Homeowners Association
shall make reasonable rules and regulations for its operations and election of
Trustees and may employ such agents as well as will enable it to carry out the
provisions of this declaration.
35.
The
Developer shall serve as sole Trustee of the Homeowners Association until
The
Homeowners Association is turned over to appointed Trustees.
The Homeowners Association will be an incorporated non-profit
corporation filed with the Kentucky Secretary of State.
All funds of the Homeowners Association will be kept in a separate bank
account for use only by the Homeowners Association.
The primary function of the Homeowners Association is to ensure the Subdivision
Restrictions and maintenance issues are cared for.
Each lot owner shall pay annual dues of Thirty Dollars ($30.00) per lot owned,
due each year by May 31st. The
dues will be used to pay for street lights, entrance way, if any, water
retention areas, street cleaning, landscaping, maintenance of other common
areas in the subdivision, etc.
IN TESTIMONY
WHEREOF, the undersigned have hereunto set their hands this
24th day
of June, 2003.
WILSON
CREEK DEVELOPMENT, LLC
A Kentucky Limited
Liability Company
By: Jack C. Porter,
Managing Member
Please note this a
typed copy of the original Declaration of Restrictions and Street
Maintenance
Agreement and Dedication for
Wilson
Creek
Farms Subdivision.
A copy of the
original with signatures and deed book stamps are available upon
request.
The Deed Book number is 0584 pages 021-026.
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