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: 603 - 647 (odd) Brookgreen Lane 600 - 646 (even) Brookgreen Lane 501 - 513 (odd) White Chapel Circle 500 - 512 (even) White Chapel Circle 3586 - 3594 (even) Hunters Green Way 3585 - 3595 (odd) Hunters Green Way End of editor's note. BOOK 1937 PAGE 162 DEED OF RESTRICTION AND COVENANTS FOR STONECASE VALLEY UNIT 6 WHERAS, LOCHMERE DEVELOPMENT CORPORATION, a Kentucky corporation, hereinafter referred to as "Developer" is the owner of Stoncase Valley Unit 6 ("the Unit") as shown by plat of record in the Fayette County Clerk’s Office in Plat Cabinet K, Slide 360 ("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 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 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 of 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 or zone change 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. 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 of 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 except for a field construction office, tent, shack, barn or attached vehicle be used and/or maintained upon any lot in the Unit at any tie, 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 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, bread 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, wall 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. Chain link fences, horizontal plank fences and stockade fences shall not be permitted. Shadow-box wood, wood picket, or vertical wood fences will generally be approved by the Developer. 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 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. 12. No television, radio or other receiving tower or dish shall be constructed or maintained on any lot; provided, however, one television dish no larger than eighteen (18) inches in diameter can be attached to the rear of each house. 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 as follows: (a) Houses built on Lots Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 as shown on the Record Plat shall have a minimum of 1,600 square feet for a ranch style home and 2,000 square feet for a 1 1/2 or 2 story home. (b) Houses built on Lots Nos. 1, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35 as shown on the Record Plat shall have a minimum of 1,750 square feet for a ranch style home and 2,200 square feet for a 1 1/2 or 2 story home. 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 which has not been previously approved in writing by Developer. 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 Developer in its sole and uncontrolled discretion. 16. All standard exterior building materials, including brick and siding styles and colors, are subject to approval by Developer, which approval shall not be unreasonably withheld. Any such approval must be in writing. All houses shall have (a) brick to grade, including brick skirts if siding is used, and (b) brick skirt to grade on chimneys if a chimney is required. All houses built on Lot Nos. 1, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35 as shown on the Record Plat shall have facade of at least seventy-five percent (75%) brick. Harmony among the residences in the Unit is acknowledged as a goal of all parties. Standard plan designs and material selections only need to be approved by the Developer one time for builders under contract to purchase ten or more lots. 17. As construction on the lot is completed, it shall be fully graded, and, if it is for Lot Nos. 1, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35 as shown on the Record Plat, 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. 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 Government and the Record Plat. 20. The pitch of the roof of each house shall be a minimum of 8 on 12, except that (a) the pitch of the roof of each house shall be a minimum of 6 on 12 if the height of the roof is greater than 8 feet from both truss cords to the peak and (b) other pitches may be approved by the Developer in writing. MAINTENANCE FEES 21. Every lot owner, with the exception of (a) Developer as to all lots owned by Developer and (b) builders under contract to purchase ten or more lots as to unoccupied lots or model homes owned by them, 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 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 judgement or court order shall in no way affect any other provision, each of which shall remain in full force and effect. 25. The Developer may amend any provision in this Deed of Restrictions and Covenants so long as in its good faith judgement either the Unit or the remainder of the subdivision will be benefited by such amendment, or if in its good faith judgement 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 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 the 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. 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 (Signature) DEED BOOK 1937 PAGE 172 I, Donald W Blevins, County Court Clerk of Fayette County, Kentucky, hereby certify that the foregoing instrument has been duly recorded in my office. Donald W. Blevins (Signature) By: Jeannie MCVEY, dc 199709240224 September 24, 1997 15:46:35 PM Fees $26.00 Tax $0.00 Total Paid $26.00