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The
streets on said plat hereinabove mentioned, which are referred
to as Crooked Stick Road and Sawgrass Circle, are dedicated
to the use of the public.
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Said real estate shall be used for residential purposes only
and for no other purpose.
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No
building or structure shall be erected, altered, placed or permitted
to remain on any lot other than one single family dwelling house,
not to exceed 2 ½ stories in height, together with an attached
private garage which shall accommodate no more than 3 cars.
Garages must open to the side(unless approved by the Architectural
Control Committee).
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There
shall be no multiple dwelling units, buildings or structures
erected on any of said lots.
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There
shall be no more than one residence constructed on each lot
designated on the plat of The Courses, The Backside,- Phase
III and no dwelling or residence shall be constructed upon any
of said lots with less than 2,000 square feet in living area,
exclusive of garages, porches, breeze ways and patios.
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No
building or structure or any part thereof shall be constructed
within 30 feet of the street lines of which said real estate
fronts. On lot No. 27 & lot No. 28, no building or structure
or any part thereof shall be constructed within 40 feet of the
street line of which said real estate fronts. On lots No. 20,
34, 37, and 46, the houses constructed therein must face Sawgrass
Circle.
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No
building or structure or any part thereof shall be constructed
upon said real estate closer than 15 feet to the side lines
of said lots except if an owner purchases an adjacent lot or
lots or a part of a lot, then in that event the 15 foot restriction
shall apply to the perimeter of the real estate owned by said
owner.
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No
building or structure of temporary character, or trailer, or
mobile home, or basement home or tent, shack or aluminum storage
building or shop, detached garage, barn, wooden or metal out
buildings, storage buildings, of any kind or other out buildings
or dog houses shall be erected, placed or suffered to remain
upon any of said lots, either temporarily or permanently, with
exception of those that may be allowed in specific cases by
the Architectural Control Committee and there shall be no fences
constructed on said lots either temporarily or permanently except
an underground electric fence for the purpose of household pet
control and fencing for a swimming pool which is constructed
upon said lot, which swimming pool fence must be approved by
the Architectural Control Committee hereinafter referred to.
A basement home shall be defined as a home where no substantial
part of the living quarters is above the surface of the ground.
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Swimming
pools must be of a permanent in ground type. No above ground
pools will be allowed.
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No
outside drying devices shall be permitted
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No commercial enterprises of any kind shall be conducted upon
any of said lots. No commercial equipment of any kind may be
kept, stored or parked on said lots.
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The
minimum building requirements as set forth in these restrictions
shall be fulfilled within a period of 12 months from the beginning
of construction of any residence.
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No lots shall be used as a storage depot for building material
except during the actual construction period of the residence,
and the period of actual construction shall not exceed 12 months.
After construction, all lumber, bricks, blocks, and other construction
materials will be removed immediately.
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Except
household pets, no animals, livestock, or poultry of any kind
shall be retained, bred or kept on any lot.
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No
lot shall be used or maintained as a dumping ground for rubbish,
trash, garbage or other waste.
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All
lots in said subdivision are subject to utility easements as
set forth on the plat of said subdivision, which is of record
in Cabinet 2, on Slide No.280, in the Hopkins
County Court Clerks Office.
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No
noxious or offensive activity shall be conducted upon any lot.
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No
place of public entertainment, apartment house, flat, boarding
house or building designated for the residence of more than
one family and no hotel, dance hall, or other resort shall be
established, conducted, maintained, or suffered to remain upon
said premises.
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The
developer reserves the right to keep lots mowed and in presentable
condition at owners expense, if after 30 days notice of complaint,
owner refuses to maintain his lot.
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Utility
lines to the house must be buried.
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No
building shall be erected or placed on any lot until the construction
plans and specifications and a plan showing location of any
structure have been approved by the Architectural Control Committee.
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The
Architectural Control Committee shall consist of G. Ruffin Chandler
Jr., and at his discretion the said G. Ruffin Chandler Jr.,
may appoint any other person or persons to serve on the Architectural
Control Committee and said person or persons shall have the
same authority to approve or disapprove the construction of
any improvements upon the lots, the same as G. Ruffin Chandler
Jr. has.
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Antennas
and satellite dishes must have approval from the committee before
being erected. No satellite dish with a diameter of more than
30 inches will be allowed, unless approved by the architechtural
control committee.Said satellite dish must be located in such
a manner which is agreed to by the Architectural Control Committee
and should be located in a position so that it shall not be
visible from the front of the house on which lot the satellite
dish is located.
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Any
propane tank used must be no more than 100 gallon and must be
placed in area hidden from view by a fence attached to the house
or shrubs. Said tank must then not be visible from the front
street. Tanks of over 100 gallons will be buried.
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Swing
sets are allowed and must be erected of wood. No metal swing
sets will be allowed.
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No
residence, building fence, wall or other structures, including
mailboxes, shall be commenced, erected or maintained
upon the above described real estate nor shall any exterior
addition or change or alteration thereof be made until the plans
and specifications showing the nature, kind, shape, height,
materials and the location of same shall have been submitted
to and approved in writing by the Architectural Control Committee,
as being in harmony of external design and location in relation
to surrounding structures and topography. In the event that
the Architectural Control Committee fails to approve or disapprove
the design and location of proposed structure within 30 days
after said plans and specifications have been submitted to it,
such proposed plans and specifications will be deemed to have
been approved by committee without further act.
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No
camper, boat, recreational vehicle, motorcycle, trailer, or
the like shall be parked or located on any lot within this subdivision
unless located within an enclosed garage. Service and delivery
vehicles may be parked on a lot while they are used in conjunction
with the service or deliveries rendered.
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If
drainage pipes are located upon a lot then the lot owner shall
be responsible for keeping it free of debris and free flowing.
The owner and the owners agents must abide by the erosion control
rules as set forth by the Kentucky Department of Environmental
Management and the City of Madisonville. In particular, the
rule requires that erosion control practices be used during
construction and development that will minimize soil erosion
and sediment laden water from flowing from the building sites
and it requires the streets to be kept free of transported soil
from the building site. As required, an erosion control plan
has been submitted and part of the plan requires that prior
to the start of construction on any lot a rock driveway be installed
and all access to the lot shall be over that driveway. It also
requires that erosion control methods be used on individual
lots to minimize soil erosion from being discharged of said
site. In connection with the foregoing, the owner agrees that
the Developer has no responsibility for erosion control with
regard to the owners lot and agrees to indemnify and hold the
Developer harmless from any loss or damage as a result of the
owner or the owners agents not complying with these rules.
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An
acceptance of a deed of conveyance to any lot in this subdivision
by any person shall be construed to be an acceptance and an
affirmance by said person of all of the restrictions contained
herein, whether or not the same be set out as specified in such
conveyance.
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These
Protective Covenants are to run with the land, and shall be
binding upon all parties and all persons claiming under them
and all lots in said Subdivision for a period of thirty(30)
years from the date these Covenants are recorded, after which
the said Covenants shall be automatically extended for successive
periods of ten(10) years unless an instrument signed by the
owners of the majority of the lots in said Subdivision has been
recorded agreeing to change said Covenants in whole or in part,
and if such instrument is recorded, then thereafter for successive
periods of ten(10) years each of the changed Covenants shall
be binding upon all of the said parties and lots as stated herein
and thereafter the Covenants may again be changed from time
to time by the owners of the majority of said lots.
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The
owner or owners of any lot or lots of said Subdivision shall
have the right to enforce the foregoing conditions and restrictions
by proceedings for damages or injunctive relief, or both.
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The
Developer reserves the right to modify, change, amend or replat
any portion of the lots contained within this subdivision until
such a time as the last lot is purchased.
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Should
any one or more of the foregoing conditions or restrictions
be held void by any Court of competent jurisdiction all of the
remaining Covenants and Restrictions shall remain in full force
and effect.
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The
owners of a majority of the lots in said Subdivision, Lots No.
20 through 46, inclusive, may amend the foregoing conditions,
restrictions, and covenants consistent with the general plan
of use, occupancy, and enjoyment of said Subdivision provided
said amendments(s) is made during the initial thirty(30) year
period as set out in paragraph 31 above.
