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: 701 - 813 (odd) Andover Village Drive 700 - 820 (even) Andover Village Drive 699 Mint Hill Lane 698 Mint Hill Lane 813-821 (odd) Glen Abbey Lane 812 - 820 (even) Glen Abbey Lane 3700 Broadmoor Drive 3701 Broadmoor Drive End of editor's note. BOOK 1524 PAGE 22 AMENDED DEED OF RESTRICTIONS AND COVENANTS FOR ANDOVER HILL (LOCHNERE) SUBDIVISION UNIT 1 & UNIT 2 WHEREAS, LOCHNERE DEVELOPMENT CORPORATION, a Kentucky Corporation, hereinafter referred to as Developer is the owner of Units 1 and 2 of The Andover Hill (Lochmere) Subdivision ("the Unit") as shown by plats of record in the Fayette County Court Clerk's Office in Plat Cabinet H, Slides 592, 612 and 613 (including the lots shaded thereon, later to be replatted) ("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, and WHEREAS, a Deed of Restrictions and Covenants for Andover Hill (Lochmere) Subdivision Unit 1 is of record in the Fayette County Court Clerk's Office in Deed Book 1519, Page 222; and pursuant to paragraph 28 thereof, the Developer does hereby amended the said Deed of Restrictions and Covenants, so as to include all of the Unit (that is, to add Unit 2), and so that the Deed of Restrictions and Covenants may provide in full as follows, and only as follows, NOW, THEREFORE, Developer hereby amends and 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, nor 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 Adjustnent 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 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 tunnelling under or damaging in any manner the streets, sidewalks, or road 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. 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. 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. 11. No signs shall be constructed or maintained on any lot, except for house numbers and name plates of standard sizes (determined by the Developer), and 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 or 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, carports and garages) shall be based on house type, which shall be as follows: a. One-Floor Plan 2,000 sq. ft. b. One & one-half Story 1,500 sq. ft. on first floor; 2,400 sq. ft. total c. Two-story 1,200 sq. ft. on first floor; 2,600 sq. ft. total The Developer may approve other types of design, but all designs shall contain a minimum of 2,000 square feet of living area. 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) upon any lot without the written approval (prior to construction) 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 a minimum of three hundred (300) pounds per square. Other types of roof material or shingles may be approved by the Developer in its sole and uncontrolled discretion. 16. All exterior building materials shall be either brick or stone or a combination of the same, which materials 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. GOLF COURSE LOTS 21. Certain lots within the Unit abut a golf course; and the owners thereof acknowledge and agree that the non-negligent use thereof by the owner and the operator of the golf course from time to time shall create no liability on the owner or the operator. This acknowledgment and agreement shall, however, authorize no negligent, willful or other unlawful act, and shall not permit any trespass on the lots abutting the golf course. 22. No owner of a lot abutting the golf course shall construct, plant or maintain any fence, hedge, wall, or barrier of any nature within twenty (20) feet of any border which abuts the golf course without the written consent of the Developer. Prior to constructing or planting any such matter, the owner shall submit a detailed proposal, including specific descriptions of the materials to be used, to the Developer, and the Developer's discretion in granting or refusing consent shall be absolute. 23. During the entire course of construction, or any other use of a lot abutting the golf course, the owner shall provide a method (accepted in writing by the Developer), to prevent siltage from running onto the golf course. Plans for siltage control shall be submitted along with the earliest plans of any kind submitted for such lots. MAINTENANCE FEES 24. 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 $100.00 per lot (as such amount shall be increased 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. 25. The maintenance fees shall constitute a lien on the lot and any improvements thereon, but shall 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 26. 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. 27. 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 FEE AND HOMEOWNERS ASSOCIATION" by appropriate legal procedure. The owner or operator of the golf course may at any time enforce the restrictions and covenants contained under "GOLF COURSE LOTS" 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. 28. 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 benefitted 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 24 and 27 "the subdivision" shall include all the land contained on plat of record in the Fayette County Court 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 24, nor shall it amend any provision of this Deed of Restrictions and Covenants to permit it to act otherwise than in good faith. 29. 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 ~nade 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 14th day of September, 1989. LOCHMERE DEVELOPMENT CORPORATION By TROY THOMPSON, PRESIDENT ATTEST: By ROBERT S. MILLER, SECRETARY The foregoing instrument was acknowledged by me on this the 14th day of September, 1989, by Troy Thompson, President and Robert S. Miller, Secretary of Lochmere Development Corporation, a Kentucky Corporation. My commission expires: 3/11/91 Pat Patterson NOTARY PUBLIC PREPARED BY: MILLER, GRIFFIN & MARKS, P.S.C. 700 SECURITY TRUST BUILDING LEXINGTON, KY. 40507 BY: (Indecipherable) BOOK 1617 PAGE 714 THIRD AMENDED DEED OF RESTRICTIONS AND COVENANTS FOR ANDOVER HILL (LOCHMERE) SUBDIVISION UNITS 1 & 2 WHEREAS, Lochmere Development Corporation, a Rentucky corporation ("Developer") is the owner of Units 1 and 2 of Andover Hill (Lochmere) Subdivision ("the Unit") as shown by plate of record in Plat Cabinet H, Slides 592, 612 and 613, in the Fayette County Clerk's Office (including the lots shaded thereon, later to be replatted) and desires to establish covenants and restrictions for the lots within the Unit to maintain standards as to the use and occupancy of the Unit, and to accomplish related purposes; WHEREAS, a Deed of Restrictions and Covenants for Andover Hill (Lochmere) Subdivision Unit 1 is of record in Deed Book 1519, Page 222, in the Fayette County Clerk's Office, and said Deed of Restrictions and Covenants was amended and restated by Amended Deed of Restrictions and covenants for Andover Hill (Lochmere) Subdivision Unit 1 & Unit 2 in Deed Book 1524, Page 22, in the Fayette County Clerk's Office ("the Amended Deed of Restrictions") and further amended by Second Amended Deed of Restrictions and Covenants for Andover Hill (Lochmere) Subdivision Units 1 & 2 in Deed Book 1596, Page 271, in the Fayette County Clerk's Office ("the Second Amended Deed of Restrictions"); WHEREAS, Developer desires to amend and does hereby amend the Amended Deed of Restrictions and the Second Amended Deed of Restrictions pursuant to paragraph 28 of the Amended Deed of Restrictions; NOW, THEREFORE, Developer hereby amends the Amended Deed of Restrictions and the Second Amended Deed of Restrictions as follows: 1. There is added a new paragraph 8A to the Amended Deed of Restrictions to read as follows: 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. 2. Except as amended hereby, the Amended Deed of Restrictions and the Second Amended Deed of Restrictions shall remain in full force and effect. IN WITNESS WHEREOF, Lochmere Development Corporation, a Kentucky corporation, has caused its name to be hereunto subscribed by its duly authorized officers on this the 27th day of February, 1992. LOCHMERE DEVELOPMENT CORPORATION BY: TROY THOMPSON, PRESIDENT ATTEST: ROBERT S. MILLER, SECRETARY STATE OF KENTUCKY COUNTY OF FAYETTE Subscribed, sworn to and acknowledged before me by Troy Thompson, as President of Lochmere Development Corporation, a Kentucky corporation, on behalf of said corporation, and by Robert S. Miller, as Secretary of Lochinere Development Corporation, a Kentucky corporation, on behalf of said corporation, on this 27th day of February 1992. My commission expires: 4-15-95 Pat Patterson 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