Kort Springs Homeowner Association

Deed of Restrictions

Kort Springs

Deed of Restrictions

It is further agreed as part of the consideration for this convenant the following restrictions, stipulations and convenants shall apply to make the lot more desirable for residential purposes and to protect said lot from improper use by future owners:

First Parties developers places and imposes upon the heretofore described property located in Jefferson County, Kentucky the following restrictions, which are in addition to the utility easements and other easements shown on the plat of said subdivision.

1. Said property shall be used for residential purposes only. No outbuilding shall be used on same except one garage for one to three cars. The main structure of any residence erected on the property herein described, exclusive of porches and breezeways, and shall have a ground floor area of not less than 1350 sq. ft. for a one story dwelling house, and a ground floor area of not less than 900 sq. ft. for a two story dwelling house with a two car attached garage; and 1000 sq. ft. for a two story house without an attached garage.

Where there is a fall away lot if there are finished rooms in the basement, then the ground floor area shall be not less than 1200 square feet.

A one and one-half story house shall have a ground floor area of not less than 1000 sq. ft. if there is an attached garage connected thereto, and if there is no garage attached it shall have a ground floor area of not less than 1100 sq. ft.

2. Before any construction is commenced the plans and improvements to be erected upon said property shall be approved in writing by the first party’s developer.

3. No building shall be erected on said property beyond the building lines as shown on the recorded plat of said subdivision.

4. The side yard requirements on the property herein described shall have a limitation and a minimum as may be prescribed by the regulations of the Jefferson County Planning Commission, and/or the governmental agency having jurisdiction.

5. No noxious or offensive trade shall be carried on upon the property herein described nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

6. No trailer, basement, tent, shed, garage, barn or other outbuilding erected on said property shall be used as a residence temporarily or permanently. No structure shall be moved onto said property unless it shall conform to the restrictions herein set forth and approved by developer. No trailer, tent, shack, or truck, or other mobile unit, shall be parked or kept on any lot at any time unless it be placed in the garage on said lot. This provision and restriction shall also include the right-of-way dedicated for the use and benefit of all adjoining property owners. No automobile not in running service shall be parked on any lots for over 48 hours, unless garaged on the lot, including the right-of-way dedicated for the use arid benefit of all adjoining property owners.

No boat or any large mobile unit of any kind shall be placed on a lot for over a period of 48 hours unless it is inconspicuously parked in the rear of the lot. No boat or any large mobile unit of any kind shall be parked at any time in the side yard or front yard, or side front yard or a corner lot.


7. In respect to types of construction, all homes must be constructed of brick or stone or brick or stone veneer, except that wood may be used for decorative purposes and trimming, provided that the use of any wood on the exterior shall be approved by the first parties developers, this also includes garages. A frame house may be built if approved by first party’s developers.

8. No fence shall be erected or maintained on any lot closer to the front building line than the rear of the residence, or main structure and any such fence shall be of ornamental wire, iron or hedge. Variations of this restriction may be had if the written consent of the first party’s developers of said property is first obtained.

9. Right is reserved to cut the grass and the weeds on unimproved lots, at reasonable cost, which shall be charged to second part, assigns, or title holder of record.

10. No more than one sign shall be permitted on any unimproved lot and shall be not larger than two feet by two feet, except that the present first parties developers shall have the right to erect larger signs when advertising adjoining property.


11. Land grades, building elevations, installation of culverts and drainage tiles and driveways must be approved in writing by the first parties developers, further, provided, that such land grades, building elevations, installation of culverts and drainage tiles shall be established and must be maintained as approved and so as not to interfere with or obstruct the drainage system now existing or to be established upon the lands shown on the aforesaid plat of said subdivision, and without limiting the generality of the foregoing, and driveways and valley gutters leading into the property herein described shall be established and maintained in such a manner as to not interfere with or obstruct the drainage system to be established upon the aforesaid lands; and provided that all of the foregoing installations are to be also approved by the governmental agency having jurisdiction of such approvals.

12. All restrictive convenants as set forth previously and as shown shall have a continuous use with the land until January 1, 1985, at which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless it is agreed to change said covenants in whole or in part. Each of the foregoing restrictions shall be deemed a covenant running with the land and shall be binding on all subsequent grantees and parties claiming under them as mentioned herein.

13. Any lot owner may enforce the restrictions and covenants aforesaid by appropriate legal procedure. Invalidation of any one of these covenants by judgment and Court Order shall in no way effect any of the other provisions which shall remain in full force and effect.


14. It is agreed and understood that the foregoing restrictive covenants apply only to the land herein described and are not intended to have any application by implication or otherwise to adjoining properties now owned or hereafter acquired by the first parties developers.

15. Part of the second part further agree and bind to build and construct a concrete sidewalk of not less than four (4) inches in thickness and forty-eight (48) inches in width to extend along the frontage conveyed, further provided, that the construction of such sidewalk shall be completed on or before twelve (12) months from date of this conveyance, provided however this provision concerning construction of a sidewalk shall not affect lots located on a cul-de-sac. Provided, that no construction of such sidewalk shall be commenced until the owner of the lot herein conveyed has procured approval of any necessary governmental agencies and/or, if none is necessary, then the approval of grantors herein, for the construction of same; further provided, that in the event of the failure to install said sidewalk within said twelve(12) months, then the governmental agency having jurisdiction, or the parties of the first part may construct same and the cost thereof is to be charged against the grantees of the property herein conveyed, their successors or assigns.





16. The driveways shall be of black-top construction, or better extending from the rear edge of the sidewalk or from the rear edge of the driveway apron to the rear of the building. Each lot owner further agrees to construct a concrete driveway apron to the specifications as approved by the governmental agency having jurisdiction.


17. As construction on each lot is completed, sod shall be placed from the edge of the paved street to the rear of the building and across th3 entire width of the lot. Rear yard shall be finished graded, and either seeded or sodded, unless otherwise approved in writing by the grantors herein, any variation from this covenant must be in writing giving permission by first parties developers.

KORT SPRINGS GENERAL SUBDIVISION
IMPROVEMENT FUND:

As part of the consideration, it is agreed by second part that beginning July 1, 1976 and each July 1st thereafter to pay the sum of Eighty Five Dollars ($85.00) each year for annual General Subdivision Improvement Fund for the property conveyed and all adjoining properties in KORT SPRINGS (excepting there from any lots owned and not improved by the first parties developers). The fee shall be paid to first parties developers until and at such time as first parties designates an adjoining property owner and/or owners as their nominees, or others. The fund shall be managed by the first parties developers or their nominees and/or assigns. Funds shall be deposited in a bank account covered by federal deposit insurance. Records of all receipts and disbursements from the fund shall be kept by the first parties developers or their nominees and/or assigns and they shall be available for inspection upon reasonable request by the second part , their assigns or any other property owners having an interest in the fund.

The fund shall be used only for generally benefiting second part or adjoining property owners including maintenance of streets, and street lighting and including the maintenance of any green or open spaces or retention basins or any necessaries in the subdivision known as KORT SPRINGS. The fund shall bear interest at Seven Per Cent (7%) per annum from due date until paid and shall be a lien on the lot and any improvement erected and shall be prior and superior to all other liens or claims against said property to the extent permitted by the law of Kentucky except the lien shall be inferior and subordinate to ad valorem taxes and any first party mortgage or purchase money mortgage lien that may be against the property herein conveyed and any other properties that may be affected by this agreement.

First parties developers shall provide for the maintenance and repair of streets and any open spaces and retention basins until such time as the maintenance fund income is adequate to cover the cost of maintenance and repairs of street and any open spaces and retention basins.

The Sixty Dollars ($60.00) per annum charge hereinabove provided for may be increased or decreased by a majority vote of the owners having an interest in said fund as its use is necessary at any time. This provision as to increase or decrease of charge shall not become effective until and at such time as a committee is appointed under terms hereinafter set out At any time, and in no event later than sixty (60) days of the last lots in KORT SPRINGS having been conveyed by first parties, first parties shall nominate and or appoint from the owners of property in KORT SPRINGS a committee composed of not less than three nor more than five members, to collect and administer the fund. Said committee upon appointment and thereafter shall be responsible for the discharge of the obligation created hereunder and any and all liabilities of the first parties shall then cease.

During its existence the committee shall elect and/or appoint from other adjoining property owners in KORT SPRINGS any replacement that may be necessary as the result of resignation or death of any member or if the committee deems for any other reasons. When the committee of citizens has been formed, then liability insurance is to be secured by the committee which is adequate to protect the home owners against any claims arising from damage or injury occurring in areas for which the committee has responsibility.
If said subdivision shall be annexed by any governmental body at any time, and the purpose for the creation of this fund is no longer needed, then upon such event, this covenant and agreement shall end and be void and thereupon any moneys then remaining in said fund shall be expended by first parties, or said committee, whichever at said time is in possession of said funds, for the betterment of the subdivision as said first parties or said committee in its sole discretion shall deem advisable.
1. a. First parties developers agree that they will retain full record title to any open spaces or retention basins until such lots are conveyed as hereinafter provided, and further that, so long as it shall retain ownership to said lots, they will maintain them at all times in such fashion as not to create a potential or actual health or safety hazard.



b. First parties developers agree that such open space or retention basin lots shall be conveyed by them only to an identifiable person or other vial entity, which grantee shall have the absolute and mandatory responsibility to maintain said lots in the manner herein prescribed. If the grantee shall be a home association, home owners association, property owners association, or any such organization. First parties further agree that it will not convey any lots such organization unless and until such organization has been fully and properly created and is in existence, and is governed by a recorded Deed of Restriction providing:



(1) that such organization has the absolute and mandatory responsibility to maintain said lots as herein prescribed;

(2) that said organization has the authority to assess fees on an area pro rata basis in an amount necessary and sufficient to provide for the required maintenance, and such assessment shall be against all lots shown on a recorded plat and all additional lands shown on an approved preliminary plan of which any of the lots shown on a recorded plat are a part;

(3) that such organization has the power to enforce the collection of such fees;

(4) that should such organization fail to perform the necessary maintenance or to assess an amount sufficient to perform such maintenance, any governmental entity concerned with the maintenance of said lots or open spaces in a condition free of hazard or potential hazard may perform the required maintenance and have a charge upon the property, or the right to enforce collection of the fees to secure such agency in the performance of this maintenance;

(5) all such restrictions shall be made to run with the land and be enforceable by any property owner in the concerned subdivision or any applicable governmental entity; and


(6) at such time as first parties developers shall convey such lots or areas, first parties developers shall notify Jefferson County Department of Public works (hereafter referred to as Department, the Louisville and Jefferson County Board of Health and Louisville and Jefferson County Planning Commission of such conveyance.

2. First parties developers agree that if any large acreage tracts are shown on the plat for development at a future date, first parties developers shall maintain and convey such tracts consistent with the principles stated in this agreement.

3. Any portions of the plat designated as “drainage easements” shall be preserved by the first parties developers as a retention basin for rainfall excess, and will not be altered from the plat without prior permission from Department of Public Works or its agent. Said drainage easement will be maintained by the first parties developers free and clear of debris and all fallen objects, and in such a manner that vegetation, excepting trees or shrubs, will be cut at all times to a height not to exceed 5” (five inches) above the ground line depicted by plan of site contours. Recreational facilities and landscaped plantings may be placed by the first parties developer in such easement area as approved in writing by the Department or its Agent. No provision of this Agreement implies any intended public usage of this easement for recreational purposes.

The provisions of this paragraph shall be made to apply to owners of any lot or lots encumbered with such an easement, shall be made part of any Deed of Restriction relating to future owners of said lot or lots, relating to any property owner or home owner association having responsibility for maintenance of said drainage easement or ownership of any lot encumbered with such an easement.

4. General basin areas and outlet works are to be maintained at all times free from any debris, fallen objects and sedimentation, and shall be cut at all times to a height not to exceed 5” (five inches) above the ground line depicted by the plan of site contours. No plantings or construction shall be permitted within the retention basin area without written approval of Department or its Agent. The provisions of this paragraph shall be made part of any agreement or Deed of Restriction creating or relating to any property owner or home owners associations which shall have the responsibility for maintenance of said retention basin.

5. First parties developer shall take all necessary precautions to prevent any open space, retention basin, drainage easement or similar areas from becoming dangerous or hazardous to any person using such areas, or to the health of the residents of Jefferson County, and first parties developers agree to indemnify Department for any use of such areas. The provisions of this paragraph shall be made part of any agreement or Deed of Restriction creating or relating to any property owner or homeowners association which shall take title to such areas.

6. First parties developers agree to allow free and unrestricted access to the Jefferson County Department of Public Works (hereafter referred to as Department) its Agent, or any concerned public agency for inspection of any open spaces, retention basins or drainage easements.

7. The provisions of this Agreement may be enforced by the Department, its Agent, or any governmental agency in Jefferson County concerned with the prevention of potential or actual health and safety hazards in said County, including, but not limited to, the Department of Public Works, the Louisville and Jefferson County Board of Health, and the Louisville and Jefferson County Planning Commission.