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: 3700 - 3724 (even) Park Ridge Lane 3701 - 3725 (odd) Park Ridge Lane 500 - 528 (even) Lake Valley Drive 501 - 533 (odd) Lake Valley Drive 3701 - 3713 (odd) Lake Valley Court 3700 - 3712 (even) Lake Valley Court End of editor's note. BOOK 2010 PAGE 603 DEED OF RESTRICTIONS AND COVENANTS FOR LOCHMERE (ANDOVER HILL) SUBDIVISION UNIT 11-B, SECTION 1 WHEREAS, LOCHMERE DEVELOPMENT CORPORATION, a Kentucky corporation, hereinafter referred to as "Developer" is the owner of Unit 11-B, Section 1 of Lochmere (Andover Hill) Subdivision ("the Unit") as shown by plat of record in the Fayette County Clerk's Office in Plat Cabinet K, Slide 677 ("the Record Plat") and desires to establish covenants and restrictions of the lots within the Unit to maintain standards as to the use and occupancy of the Unit, and to accomplish related purposes; NOW, THEREFORE, Developer hereby establishes the following covenants and restrictions as to the use and occupancy of all the lots in the Unit. GENERAL RESTRICTIONS AND COVENANTS 1 All lots in the Unit shall be used for single family residential purposes only. The "lots" mentioned herein are all the lots within the Unit, and only those within the Unit. 2. All driveways and approaches shall be constructed of Portland cement concrete. 3. No commercial vehicle or truck over three-fourths (3/4) ton shall be regularly parked on any lot or street in the Unit other than for temporary delivery or construction purposes unless housed within a garage; and no person shall engage in major car repairs either for himself, herself or others at any time. 4. No residential vehicle, trailer or boat shall be parked in any front yard at any time, or on any street in the Unit for a period in excess of twenty four (24) consecutive hours, nor in any manner (by temporary removal or otherwise) whose result would (or which is an attempt to) circumvent this restriction. 5. The owner and occupant of each lot shall maintain its lawn in a first class manner; and at no time during or after construction shall any trash, dirt, clipped weeds, grass or debris of any type be placed, wasted or deposited on any lot (vacant or otherwise) by the owner, occupant, his, her or its contractor or sub-contractors or others. In default thereof, the Developer may enter such lot to cut grass and/or weeds and/or remove any debris and/or perform any other appropriate maintenance work, and collect its costs of labor and material, plus 25% from the owner and occupant of such lot. 6. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which is or may become an annoyance or a nuisance to others in the Unit or the surrounding neighborhood. No person shall apply for a conditional use permit, a variance, a zone change, an interpretation of the zoning ordinance, or any other matter involving any part of the Unit, to the Lexington-Fayette Urban County Planning Commission or the Lexington- Fayette Urban County Board of Adjustment without the prior written consent of the Developer; and no person shall take any action (or omit to act) based upon a grant or determination by the Lexington-Fayette Urban County Planning Commission or the Lexington-Fayette County Board of Adjustment without the prior written consent of the Developer. In applying for such consent, Developer shall be provided with such details as it requests of the proposed use; and no person shall, after the granting of such consent, if any, act (or omit to act) in any way inconsistent with the specific proposal thus delivered to the Developer. 7. Anyone cutting into or tunneling under or damaging in any manner the streets, sidewalks, or roads serving the Unit, and anyone damaging or in any way altering or affecting any storm or sanitary sewer, shall repair and restore the sewer, streets, sidewalks, or roads to their original condition, all at such person's own risk and expense. This paragraph shall not be construed as a grant of permission or consent by the Developer and shall not create any liability on the Developer. 8. No building or structure of a temporary character, including but not limited to any trailer, basement, tent, shack, garage, barn or other building other than the residence building shall be used upon any lot in the Unit at any time as a residence, either temporarily or permanently; nor shall any trailer, tent, shack, barn or attached vehicle be used and/or maintained upon any lot in the Unit at any time, either temporarily or permanently. 8A. Swimming Pools - All swimming pools shall be in-ground pools. There shall be no above-ground pools permitted. No construction of swimming pools shall be commenced until approved in writing by Developer. Drainage, fencing, placement and lighting plans shall be included in the construction design plan submitted to Developer for approval. There shall be no increase in drainage to other properties permitted as a result of construction nor shall there be an increase in drainage to other properties during such construction. No swimming pool shall extend beyond the primary permanent residential structure. No lighting of a pool or other recreation area will be installed without the prior written approval of Developer. If allowed, such lighting will be designed of recreational character so as to buffer the surrounding residences from such lighting. 9. No animals, livestock or poultry of any kind shall be raised, bred or kept upon any lot in the Unit; provided, however, that dogs, cats or other small household pets may be kept and maintained thereon if they are not kept, bred or maintained for any commercial reason or purpose. 10. Fences, walls and constructed barriers shall be of substantial construction materials, be of first-class design, and comply with all governmental regulations. In addition, no fence, hedge, wall, or barrier of any nature may be constructed, planted or maintained (a) 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 (b) in front of the rear wall of the residence building; nor (c) without the written approval of the Developer prior to the commencement of the construction or planting thereof. Each fence shall conform to the first sentence of this paragraph and to each of the three clauses of the second sentence of this paragraph. 11. No signs shall be construed or maintained on any lot, except for house numbers and name plates of standard sizes (determined by the Developer), and the standard, small, temporary "For Sale" signs when the lot is for sale. No mailbox or paperholder shall be placed on any lot unless its design and placement is approved in writing by the Developer; this provision, however, is subject to the United States Postal System's requirements. The Developer has or will construct uniform mail boxes in the Unit; and each owner of a lot will reimburse the Developer its cost (not in excess of $500) upon purchase of the lot on demand by the Developer thereafter. 12. No television, radio or other receiving tower or dish shall be constructed or maintained on any lot. 13. No additional subdivision of a lot shall be made to reduce the size of the lot without written permission of the Developer and the Lexington-Fayette Urban County Planning Commission. CONSTRUCTION OF RESIDENCES 14. Minimum size of living areas (exclusive of porches, basements, attics, garages) shall be 2,400 square feet. 15. No building shall be constructed or maintained (which term in these restrictions and covenants always includes without limitation erected, placed, altered or permitted to remain) on any lot without the written approval (prior to construction) of the plans and specifications by the Developer; and one complete set of the plans and specifications shall be provided to and may be retained by the Developer. The detailed plans and specifications shall include all details of construction and materials including without limitation the color of the brick and/or paint to be used on the exterior, and the style of roof shingles. Bedford stone, Tennessee stone or similar stone shall not be permitted unless a photograph or sample of the particular stone has been approved by Developer; and roof shingles shall be architectural dimensional type shingles. Other types of roof material or shingles may be approved by the Developer in its sole and uncontrolled discretion. 16. All exterior building material shall be either brick or stone or a combination of same, which material shall extend to the ground level on all sides of the building; provided, however, that windows and doors shall be of standard material; and provided further that the Developer may approve other materials than those listed herein, if such approval is given in writing. Harmony among the residences in the Unit is acknowledged as a goal of all parties. 17. As construction on the lot is completed, it shall be fully graded, and it shall be sodded except only for the building area, driveways, patios and sidewalks. 18. Each house shall have a two car, attached or basement garage. All garages shall be rear entry or side entry garages; except that other garage entries may be approved in writing by the Developer. 19. As construction of the improvements are completed, each lot shall be landscaped with the minimum number of shade trees in the front yard required by the Lexington-Fayette Urban County Government and the Record Plat. 20. The pitch of the roof of each house shall be a minimum of 8 on 12, except that other pitches may be approved by the Developer in writing. MAINTENANCE FEES 21. Every lot owner, with the exception of Developer, shall be required to pay on February 1 of each year, an annual maintenance fee not to exceed $100 per lot as of February 1,1989 (such minimum fee may be increased from February 1, 1989 in proportion to the U.S. Labor Department's "All Items" Urban Cost of Living Index) to the Andover Hills Development Maintenance Fund at the address provided by the Developer. This annual maintenance fee may be increased in Developer's discretion, not, however, in excess of the limits set out in the prior sentence. The Developer shall have absolute discretion in expenditures from the Fund, so long as it devotes the Fund in good faith to matters which it determines in good faith may benefit the Unit or the remainder of the subdivision. 22. The maintenance fees shall constitute a lien on the lot and any improvements thereon, but shall be subordinate to a first mortgage or first vendor's lien placed on the lot. A record of receipts and disbursements made to and from the Maintenance Fund will be available for examination by lot owners upon request. EFFECT 23. These covenants and restrictions 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 and restrictions are recorded, after which time these covenants and restrictions shall be automatically extended for successive periods of one (1) year unless an instrument signed by a majority of the then owners of the lots in the Unit has been recorded, agreeing to change said covenants and restrictions in whole or in part. 24. The Developer or any lot owner at any time may enforce the restrictions and covenants contained under 'GENERAL RESTRICTIONS AND CONDITIONS" by appropriate legal procedure. The Developer at any time may enforce the covenants contained under "MAINTENANCE FEES" by appropriate legal procedure. The Developer may at any time enforce the restrictions and covenants contained under "CONSTRUCTION OF RESIDENCES" by appropriate legal procedure; and same may be enforced by any lot owner at such time as ninety percent (90%) of the lots in the Unit have been conveyed by deed to others. No other person shall obtain any rights hereunder, including without limitation any lot owners of other units in the subdivision. Invalidation of any restriction or covenant by judgment or court order shall in no way affect any other provision, each of which shall remain in full force and effect. If the Developer incurs any costs and expenses (including reasonable attorney's fees) in connection with any action or proceeding to enforce the restrictions and covenants contained herein and if the Developer prevails in such action or proceeding, all such sums will be paid by the party against whom the action or proceeding was brought. Such payment will be made on demand and will bear interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is greater. To the maximum extent permitted by law, such sums will be a lien on the property owned in the Unit by the party against whom the action or proceeding is brought. 25. The Developer may amend any provision in this Deed of Restrictions and Covenants so long as in its good faith judgment either the Unit or the remainder of the subdivision will be benefited by such amendment, or if in its good faith judgment the continued development of the Unit or the remainder of the subdivision is hindered or made less economic in any way by any provision hereof; provided, however, that this right of amendment shall cease upon the conveyance by deed by the Developer to others of either ninety percent (90%) of all the lots in the Unit or ninety percent (90%) of the lots in the entire subdivision. For purposes of this paragraph and paragraphs 21 and 24, "the subdivision" shall include all the land contained on plat of record in the Fayette County Clerk's Office in Plat Cabinet H, Slide 384; and provided, further that the Developer may not amend paragraphs 1, 3, 4, 5, 6, 8, 9, 17 or 19 hereof, nor increase the maximum amount of the annual maintenance fee under paragraph 21, nor shall it amend any provision of this Deed of Restrictions and Covenants to permit it to act otherwise than in good faith. 26. Any judgment, discretion, decision or other matter determined hereunder by the Developer shall be binding on all parties if made in good faith, and any interpretation hereof made by the Developer in good faith shall likewise be binding on all parties; and in each case no party shall have any remedy against the Developer except to require specific performance of its duties hereunder and/or to obtain a declaratory judgment. In no case shall damages be claimed, shown or obtained against the Developer with respect to any matter related hereto. IN WITNESS WHEREOF, Lochmere Development Corporation, a Kentucky corporation, has caused its name to be hereunto subscribed by its duly authorized partners this the 14 day of October, 1998. LOCHMERE DEVELOPMENT CORPORATION BY: ROBERT S. MILLER, Secretary STATE OF KENTUCKY COUNTY OF FAYETTE The foregoing instrument was acknowledged by me on this the 14th day of October, 1998, by Robert S. Miller as Secretary of Lochmere Development Corporation, a Kentucky corporation, on behalf of said corporation. My Commission expires: 12-12-2000 Thomas C. Marks NOTARY PUBLIC, KENTUCKY, STATE AT LARGE PREPARED BY: MILLER, GRIFFIN & MARKS, P.S.C. 700 Security Trust Building 271 West Short Street Lexington, Kentucky 40507-1292 Telephone: (606) 255-6676 BY: THOMAS C. MARKS tcm\deeds\lochmere 11-b DEED BOOK 2010 PAGE 613 I, Donald W Blevins, County Court Clerk of Fayette County, Kentucky, hereby certify that the foregoing instrument has been duly recorded in my office. By: Doug BRADLEY, dc 199810140105 October 14, 1998 11:00:29 AM Fees $23.00 Tax $.00 Total Paid $23.00 THIS IS THE LAST PAGE OF THE DOCUMENT 11 Pages 603 - 613