RESTRICTIONS FOR
UNIT 2 OF
NORTH RIDGE ESTATES
BALL HOMES, INC., JACK ALLAN KAIN and ALICE STEWART KAIN,
as the owners of all of the lots located in Unit 2 of North Ridge Estates, as
shown by plat of record at Plat Cabinet C, at Slide 125, in the Office
of the Woodford County Clerk, desire to maintain uniformity with respect to the
development, use and occupancy of said property in order to enhance and to
maintain its value and to render it more attractive in appearance, therefore:
BALL HOMES, INC., JACK ALLAN KAIN and ALICE STEWART KAIN
hereby make, constitute and establish the following covenants, conditions and
restrictions as to the use and occupancy of said property, as more particularly
described herein on this 14th day of March, 1997:
1. LAND AND BUILDING
TYPE No building shall be erected, altered, placed or permitted to remain on
any lot in Unit 2 other than one detached single family dwelling not to exceed
two stories in height, unless provided for herein.
2. CONSTRUCTION AND
AREA. Any dwelling erected, placed, altered or permitted to remain on any lot
shall be of brick veneer, wood or nonmasonry construction and all house plans
and designs shall be approved in writing by the developer prior to beginning
construction. The type wood or nonmasonry material used for construction must
be approved in writing by Ball Homes, Inc. prior to construction.
3. APPROVAL OF
BUILDING PLANS. Ball Homes, Inc., is hereby granted the right, but is not
obligated, to approve all plans and specifications for the erection of
improvements on all lots, except as herein set out concerning all wood
construction which shall be approved or rejected in writing by Ball Homes, Inc.
Further, building plans may be subject to approval by a North Ridge Estate
Subdivision Design Review Board organized in the manner set forth in Exhibit A
to the North Ridge Estates Master Declaration of record in Deed Book 143, at
Page 165, in the Office of the Woodford County Court Clerk. Except for
the North Ridge Estates Subdivision Design Review Board, North Ridge Estates
Unit 2 is NOT subject to the Master Declaration of Covenants and Restrictions
of record in Deed Book 143, at Page 165, in the Office of the Woodford
County Court Clerk.
4.
DETACHED
GARAGES AND OTHER OUTBUILDINGS. Detached garages and other outbuildings are
permitted on lots but the exterior construction shall be of the same material
as the main dwelling. However no detached building shall be erected, altered,
placed or permitted to remain on any lot without prior written consent of Ball
Homes, Inc.
5. TEMPORARY
STRUCTURES. No structure of a temporary character, trailer,
basement
of uncompleted structure, tent, shack, garage, barn or other outbuildings shall
be used on any lot at any time as a residence, either temporarily or
permanently.
6. NUISANCES. No
noxious or offensive activity shall be carried on upon any lot nor shall
anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood. No immobile or “junk” cars, trailers, or recreational vehicles
shall be allowed to be parked upon streets or public rights-of-way in Unit 2.
No satellite dishes which can be seen from adjacent streets and/or which exceed
24” in diameter, outside clothes lines, vegetable gardens, shortwave or “ham”
radios and shortwave towers shall be allowed unless approved by Ball Homes,
Inc.
7. EASEMENTS. Any
property in this Unit 2 shall be conveyed subject to the building line and
easements as shown or noted on the recorded plat.
8. LOT CONDITION. In
the event the owner of any lot fails to keep and maintain the lot in a good
condition, free of trash or woods and grass over 18” in height, Ball Homes,
Inc., shall have the right to clean, mow and maintain the said lot and charge
the owner for all costs incurred for such work.
9. ENFORCEMENT.
Enforcement of these restrictive covenants shall be by proceedings in law or
equity against any person or persons violating or attempting to violate any
covenant, either to restrain violation or to recover damage. Any violation
shall subject the lot owner to prosecutions or any actions against them by Ball
Homes, Inc., or the owner of any lot in Unit 2 of Lane’s View Subdivision to
enforce compliance with these restrictive covenants or recover damages.
10. SEVERABILITY.
Invalidation of any or more one of these covenants by judgment or Court Order
shall in no way affect any other provision, which remaining provisions shall
remain in fill force and effect.
11. TERM. All of
the above restrictions, conditions, and covenants shall be effective until
December 31, 2027, after which time said covenants shall be automatically
extended for successive periods of ten years unless an instrument signed by the
majority of the then owners of the lots has been recorded agreeing to change
said covenants in whole or in part.
12. FENCES. No
fences of any kind, shrubbery, or hedge shall be permitted within the area
between the minimum setback line and the Street. Fences shall not obstruct any
drainage easements and shall provide no less than an 8 inch clearance above the
drainage easement’s ground level. In order to allow maintenance and repair to
an adjoining dwelling, no fences shall be constructed any closer then 3 feet
from the side property line when they are placed along side a dwelling on the
adjoining lot.
13. MAILBOXES. All mailboxes shall satisfy applicable
postal regulations and shall conform to specifications established by Ball
Homes, Inc.0
14. AREA PROTECTED. The above restrictions, covenants and
conditions shall be considered covenants running with the land.
15. ZONING
AGREEMENT. The development and use of all property in Unit 2 of North Ridge
Estates shall be subject to the terms and provisions of that certain Zoning
Agreement by and among Dr. Randolph Offutt and Julia Offutt, Dr. John Moore and
Becky Moore, Joel Evans and Joyce Evans, Charles Nuckols and Mary Jane Nuckols,
Robert Smiser West and Kathryn M. West, Richard Starks and Hilda Starks, Ward
Stiff and Lisa Stift John Cordray and Dottie Cordray, J. Allen Neal and Judy
Hunt Neal, Hannah J. Helm, Michael I. Barnett and Gay N. Barnett, Lee’s Creek
Glen Partnership, Blue Grass Properties & Investment Company, Midway Area
Planning Society, Myron Stepath and Midway College, Inc. which was entered into
by such parties in conjunction with Woodford Circuit Court Civil Action No.
89-CI-48.
16. NORTH RIDGE
ESTATES HOMEOWNERS ASSOCIATION. Each lot shall constitute one member of the
North Ridge Estates Unit 2 Homeowners Association whether single, individual
ownership, joint ownership, partnership, or corporation. As new units of North
Ridge Estates are approved, the owners reserve the right to add the newly
approved units to the North Ridge Estates Unit 2 Homeowners Association subject
to all the conditions, rights, and obligations set out in paragraphs 16, 17, 18,
19, 20, 21, and 22 of these Restrictions. The Homeowners Association shall
elect a governing Board of Directors annually.
17. ASSESSMENT.
Every lot owner shall be required to pay on at least a quarterly basis an
annual fee to the North Ridge Estates Unit 2 Homeowners Association necessary
to maintain the common area. This assessment may be set, adjusted, or increased
in accordance with the North Ridge Estates Homeowners Association regulations.
The assessment shall constitute a lien on that lot and any improvements
thereon, but shall be subordinated to a First Mortgage or Vendor’s Lien placed
on the lot. A record of receipts and disbursements made to and from the
assessments shall be available for examination by lot owners upon request.
18. PURPOSE OF ASSESSMENT.
The assessments for common expenses shall be used for the general purposes of
promoting the recreation, health, safety, welfare, common benefit, and
enjoyment of the owners and occupants of units in the Association as may be
more specifically authorized from time to time by the Association’s Board of
Directors. Common expenses should be broadly defined to reinforce this
latitude. Assessments may be used to compensate officers and directors only if
approved by a majority vote of the members of the Association.
19. CREATION OF THE
LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS.
(a) Each owner of
any lot by acceptance of a Deed therefore, whether or not it shall be so
expressed in such Deed, is deemed to covenant and agree to pay the Association:
(1) Annual assessments or charges, and
(2) Special assessments to be established and collected as
hereinafter provided, and
(3) Specific assessments against any particular lot which are
established pursuant to the terms of these Covenants.
All
such assessments, together with charges, interest, costs, and reasonable
attorney’s fees for collection, in the maximum amount permitted by law, shall
be a charge on the lot and shall be a lien upon the lot against which each
assessment is made. Such amount shall also be the personal obligation of the
person who was the owner of such lot at the time when the assessment fell due.
Each owner shall be liable for his or her portion of each assessment coming due
while he or she is the owner of a lot and his or her grantee shall be jointly
and severally liable for such portion thereof as may be due and payable at the
time of conveyance. Assessments shall be paid in such manner and on such dates
as may be fixed by the Board of Directors; and unless otherwise provided, the
assessments shall be paid in quarterly installments.
(b) Each owner is allocated a
liability for common expenses on a per lot basis.
(c) Upon written request to the Association’s Board of Directors
by an owner or prospective purchaser, the Board or the duly designated agent
shall furnish, within a reasonable time, a statement setting forth the amount
of unpaid assessments levied against the lot, and may charge a reasonable fee
as set by the Board for such service.
20. ACCELERATION.
If an owner shall be in default in payment of an installment of an assessment,
including but not limited to the quarterly installments based on the annual
budget, the Board of Directors may accelerate the remaining installments upon
ten days’ written notice to such lot owner, whereupon the entire unpaid balance
of such assessment shall become due upon the date stated in such notice.
21. COMPUTATION
OF OPERATING BUDGET AND ASSESSMENT. It shall be the duty of the Association’s
Board of Directors at least thirty (30) days prior to the Association’s Board
of Directors calling an annual meeting to prepare a budget covering the
estimated costs of operating the Association during the coming year. An annual
meeting of the North Ridge Estates Homeowner’s Association shall be held each
year in March at a date specified by the Board of Directors at the time of
delivery of the budget of the Association. The Board shall cause the budget and
the assessments to be levied against each lot for the following year to be
delivered to each member at least twenty-one (21) days prior to the meeting.
The budget and the assessment shall become effective unless disapproved at the
annual meeting by a vote of a majority of the total association membership.
Notwithstanding the foregoing, however, in the event that the membership
disapproves the proposed budget for the succeeding year, then and until such
time as a budget shall have been determined as provided herein, the budget in
effect for the current year shall continue for the succeeding year.
22. CAPITAL
BUDGET AND CONTRIBUTION. The Board of Directors shall annually prepare a
capital budget which shall take into account the number and nature of
replaceable assets, the expected life of each asset, and the expected repair or
replacement costs. The Board shall set the required capital contribution, if
any, in an amount sufficient to permit meeting the projected capital needs of
the Association, as shown on the capital budget, with respect both to amount
and timing by equal annual assessments over the period of the budget. The
capital contribution required shall be fixed by the board and included within
the budget and assessment as provided in these Restrictive Covenants. A copy of
the capital budget shall be distributed to each member in the same manner as
the operating budget.
BALL HOMES, INC.
BY:_____________________________
DON D RAY BALL, JR., PRESIDENT
JACK0 ALLAN KAIN
ALICE STEWART-KAIN
STATE OF KENTUCKY
COUNTY OF FAYE7ITE
The
foregoing instrument was subscribed, sworn to, and acknowledged before me by
DONALD RAY BALL, JR., as President of Ball Homes, Inc., a Kentucky corporation,
this the 14th day of March, 1997.
NOTARY PUBLIC, STATE AT LARGE, KY
STATE OF KENTUCKY
COUNTY
OF WOODFORD
The
foregoing has been subscribed, sworn to, and acknowledged before me by JACK
ALLAN KAIN this the 14th day of March, 1997.
_Sandra G Hamilton__________________
NOTARY PUBLIC, STATE AT LARGE, KY
MY COMMISSION EXPIRES: 9/15/2000
STATE
OF KENTUCKY
COUNTY
OF WOODFORD
The
foregoing has been subscribed, sworn to, and acknowledged before me by ALICE
STEWART KAIN this the 14th day of March, 1997.
______Sandra
G Hamilton_______________
NOTARY PUBLIC, STATE AT LARGE, KY
MY COMMISSION EXPIRES: 9/15/2000
kain\restric2.nre