Editor's note: These Deed Restrictions were scanned and transcribed with Optical Character Recognition (OCR) software. The content should be quite accurate, but the original formatting is not maintained. The original document is available at the County Clerk's office. These Deed Restrictions apply to: 901 - 937 (odd) Andover Green 900 - 936 (even) Andover Green 564 - 580 (even) Hunters Green Court 900 - 920 (even) Andover Woods Lane 933 - 945 (odd) Andover Woods Lane End of editor's note. BOOK 1994 PAGE 301 DEED OF RESTRICTIONS FOR ANDOVER GREEN SUBDIVISION WHEREAS, BARLOW HOMES, INC., a Kentucky corporation (hereinafter referred to as "Developer"), is the Owner and Developer of the property referred to herein; and WHEREAS, the Developer desires to maintain uniformity with respect to the use and occupancy of the property herein in order to enhance and to maintain its value, and to render it more attractive in appearance; NOW, THEREFORE, the Developer hereby makes, constitutes and establishes the following covenants, conditions and restrictions as to the use and occupancy of the property designated as Andover Green Subdivision, Lexington, Fayette County, Kentucky, and more particularly described of record in Plat Cabinet K , Slide 606, in the Fayette County Clerk's Office. 1. Residential Purposes. No lot shall be used except for residential purposes. 2. Temporary Structure. No building or structure of a temporary character, including but not limited to trailers, basements, tents, shacks, garages, barns or other buildings other than residence buildings shall be used upon any lot in said unit at any time as a residence, either temporarily or permanently, nor shall any trailer, tent, shack, barn or unmovable vehicle be used and/or maintained upon any lot in said subdivision at any time, whether temporarily or permanently, except those that are placed thereon by the Developer for use during construction. 3. Construction and Area. The minimum floor area of a single family structure, exclusive of porches, garages and basements, shall be as follows: A. One (1) Story: 1400 square feet plus two (2) car attached garage (garage does not count in square footage); B. One and one-half (1-1/2) Story: 1,000 square feet on first floor, 600 square feet on second floor, plus two (2) car attached garage or basement garage (garage and basement do not count in square footage); C. Two (2) Story: 900 square feet on each floor, plus two (2) car attached garage or basement garage (garage and basement do not count in square footage). Note: In computing each floor area requirements above, a garage in the basement shall not be construed as an attached garage and the area of any basement shall not be counted. 4. Front Elevation. No buildings with identical front elevations and identical roof lines shall be constructed on adjacent lots without the permission of Developer. 5. Approval of Building Plans. The plans and specifications of any and all residences shall be approved by the Developer or its duly authorized representative before the erection of any improvement is begun. A plot plan must be submitted to show the diagram of the residence and any outbuilding as the same shall be located upon the lot when completed. Any additional building or alteration of the original buildings shall be approved by the Developer or its duly authorized representative before construction commences. 6. Outbuildings. No detached building shall be erected, altered, placed or permitted to remain on any lot. 7. Fences. No fence, hedge, wall, or barrier of any nature may be constructed, planted or maintained beyond the building set back lines (except the rear property lines and the side property lines behind the rear wall of the residence building) as shown on the Record Plat; nor shall any fence, hedge, wall, or barrier of any nature be constructed, planted or maintained in front of the rear wall of the residence building. Fences, walls and constructed barriers shall be of substantial construction materials, and of first class design, shall comply with all governmental regulations, and shall be approved by the developer in writing prior to commencement of the construction thereof. 8. Clotheslines. No outside clothesline shall be erected or placed on any lot. 9. Driveways. All driveways and approaches shall be constructed of Portland Cement concrete, asphalt or paving brick. 10. Landscaping. As construction of the improvements on each lot is completed, landscaping shall be done as follows: A. The front of each lot shall be landscaped with a minimum of six (6) shrubs in addition to the required street trees, which shall be two (2) in number. The property owner shall be required to replace any street trees damaged by his action. Street tree shall match in species, quality and size the tree that was destroyed at the time it was destroyed. No existing tree may be removed without permission of the Developer. Ail street trees will be planted in unison at a time designated by Developer based on completion of Development. B. No earthen material of any type shall be placed in the 1OO-year flood plain as indicated on the Final Record Flat. 11. Garden. No garden, except those enclosed within a permissible fence, shall be placed on any lot nearer to any street than the minimum building setback line. 12. Averaging. Improvements, other than fences and gardens, may be constructed in such a manner that any encroachment with respect to the minimum building setback line and side yard requirements shall be averaged in accordance with the rules and regulations promulgated by the Lexington-Fayette Urban County Government. 13. Nuisances. No noxious or offensive trade or 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. 14. Easements; Subject To. Any property shall be conveyed subject to the building line and utility easements as shown on the recorded plat(s). 15. Animals. No animals, livestock and/or poultry of any kind shall be raised, bred or kept on any lot in said unit of said subdivision; provided, however, dogs, cats and/or other household pets may be kept and maintained upon said lots if they are not kept, bred or maintained for any commercial reason or purpose. 16. Satellite Dishes. No satellite dishes of any kind, except the small 18" type, shall be located in any front yards, side yards or elevated above ground on poles or towers, or mounted on roof tops. Any satellite dishes located in rear yards shall be screened with living plant material and may be erected only upon written approval by the Developers. 17. Waste. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers, and all incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 18. Maintenance. Should the owner of any lot fail to maintain the lawn, the Developer or its assigns may enter such lot to cut grass and/or weeds and remove any debris necessary, and collects its costs of labor and material plus twenty five percent (25%) from the owner of said lot. 19. Mailboxes. All mailboxes must be approved by Developer prior to construction. 20. Parking. No commercial vehicle or truck over 3/4 ton shall be regularly parked on any lot or street in the Subdivision other than for delivery or construction purposes unless housed within a garage; no person shall engage in major car repairs for others at any time. No recreational vehicle, trailer or boat shall be parked in any front yard or on any street in the Subdivision for a period in excess of twenty-four (24) consecutive hours, or in any manner that may be construed as an intentional attempt to circumvent this restriction. 21. Streets and Sidewalks. Anyone cutting into or tunneling under or damaging in any manner the street, sidewalk or road serving said lots must repair and restore the street, sidewalk or road to its original condition, all at such person's own risk and expense. This shall not be construed as any permission or consent by the Developer, and shall not create any liability on the Developer of this Subdivision, either expressed or implied. 22. Signs. No signs of any kind shall be displayed on any lot, with the exception of house numbers and name plates of standard sizes as determined by the Developer. For Sale, Rent and marketing signs must be professionally prepared and shall not be greater in size than 4 square feet and shall not be erected without approval from the Developer for a period of 6 years from the date of this document, In the event a lot owner violates this provision then such lot owner shall incur fines of $500.00 per day from the date of written notice to the lot owner by the person or entity seeking to enforce the Restrictions until such violation is terminated. Such fines shall be paid to the person or entity seeking to enforce these restrictions. 23. Homeowners' Association. (a) Articles of Incorporation for Andover Neighborhood Association, Inc, ("Association"), are recorded in the office of the Fayette County Clerk In Lexington, Kentucky. (b) The objects and purposes of the Association are set forth in their Articles of Incorporation and shall be to promote the social welfare and serve the common good and general welfare of their members. The Association shall have jurisdiction over all lots in the Andover Green Subdivision, and its objects and purposes shall include, without limitation and unless such obligations are otherwise assumed by any municipal or governmental agency having jurisdiction thereof, the maintenance and repair of the streets, common areas, cross walks, storm drains, basins, fences and entrances as are shown on any record or plat, and acceptance of common areas for purposes of operation, maintenance and repair. This obligation shall include maintenance and repair of Lot 25, designated as a detention basin an the plat of record described herein. (c) Any assessment levied by the Association shall be used only for purposes generally benefiting the Association, and shall constitute the personal obligation of the lot owner and shall create a lien upon the lot and improvements upon which each such assessment is made. This lien shall be subordinate to the lien of any first mortgage or vendors lien on the lot and shall be enforceable against the real estate by foreclosure or otherwise. (d) The initial assessment of the lot owners of Andover Green Subdivision, with the exception of the Developer, shall be $124.00 per year, per lot, beginning February 1, 1998. After January 1, 1999, the Board of Directors of the Association may, from time to time, increase or decrease the assessment. The Board of Directors shall determine the amount of and fix the due date of each assessment. The annual assessment will be dated January 1 of each year and will be due and payable on or before February 1 of that year. The assessment will be pro-rated in the event of occupancy for a portion of the year, with a pro-ration to be calculated by determining the number of days of occupancy of the residents from the date of occupancy through December 31 of that year. This sub- paragraph shall not be construed to restrict or prohibit the rights of the Association, its Board of Directors, officers, or members from taking any action permitted by its Articles of Incorporation, its By-laws, rules or regulations. The Board of Directors of the Association shall have absolute discretion in expenditures, so long as it devotes the funds in good faith and matters in which it determines in good faith may benefit the subdivision or the remainder of the Association. 24. Common Areas. The Common Areas are a major attraction and integral part of this subdivision. Common Areas will be maintained and operated by the Association. The following provision affect all owners and will be enforced as other restrictions, by the Association: (A) Common Areas Defined. For purposes of these Restrictions, and the By-laws of the Association, the Common Area shall be defined as that area delineated on such plat as areas as to be maintained by the Association. (B) Use of Common Area. The Common Area shall be used and enjoyed exclusively by the owners and their invitees, guests and tenants. Under no circumstances may any owner grant a continuing right or privilege to any person to occupy and/or enjoy all or any portion of a Common Area. No owner, invitee, guest, or tenant shall conduct or participate in any activity within the Common Area that is inconsistent with the Rules and Regulations adopted by the Association. 25. Municipality. No city or municipality shall be formed during the development and initial sale of this subdivision unless approved by the Developer. 26. Subdivision of Lots. No additional subdivision of a lot shall be made to reduce the size of the lot without permission of the Developer and appropriate governmental bodies. 27. Enforcement. The Developer, the Association, or any lot owner shall have the right to take any action to correct any violation of the Restrictions under this document, and if they should incur expenses in connection with exercising those rights, then they shall have the right to recover such costs, including reasonable attorney's fees from a lot owner in default and shall have a lien upon such owner's lot to secure payment of same. That lien shall be enforceable against the lot by appropriate legal proceedings. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 29. Term. These covenants and restrictions 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 (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. 30. Area Protected. The above restrictions, covenants and conditions shall apply to only Andover Green Subdivision, Lexington, Fayette County, Kentucky, as shown plat thereof recorded in the office of the Fayette County Clerk in Plat Cabinet K, slide 606, and any amendments thereto. IN TESTIMONY WHEREOF, the Developer, by and through its duly authorized officer, has caused this instrument to be executed on this the 24th day of July, 1998. STATE OF KENTUCKY COUNTY OF FAYETTE BARLOW HOMES, INC., A KENTUCKY CORPORATION BY: James L. Barlow TITLE: CEO STATE OF KENTUCKY COUNTY OF FAYTETTE The foregoing was signed, sworn to and acknowledged before me on this the 24th day of July, 1998, by James L. Barlow, Sr. in his/her capacity as CEO of BARLOW Homes, Inc., a Kentucky corporation, for and on behalf of said corporation. Amy R. Gray NOTARY PUBLIC, STATE AT LARGE, KY My commission expires: Jan. 19, 2000 THIS INSTRUMENT PREPARED BY: BY: David C. Jones DAVID C. JONES Gallion Baker & Bray, P.S.C. PNC Bank Plaza 200 West Vine Street, Suite 710 Lexington, Kentucky 40507-1620 (606)255-6885