Deed Book 1776, Pages 223-231


WHEREAS, Vettraino Development Company, a Michigan corporation (the “Developer”), is the owner of Unit 6 of Autumn Ridge Subdivision as shown by Final Record Plats in the Fayette County Clerk's Office in Plat Cabinet J, Slide 603, and desires to place covenants as to the use of occupancy of said property; and
WHEREAS, the Developer desires to maintain uniformity as to the use and occupancy of all lots in said unit of said subdivision by the creation of certain restrictions as to the use and occupancy of the lots in said unit.
NOW, THEREFORE, the Developer does hereby establish the following covenants, conditions and restrictions as to the use and occupancy of all the lots in said unit 6 of said Autumn Ridge Subdivision and shown by Final Record Plats of record in the Fayette County Court Clerk's Office in Plat Cabinet J, Slide 603 in the Fayette County Court Clerk's Office.
1. All property in said Unit shall be used for single family residential purposes only.
2. A11 driveways and approaches shall be constructed of Portland Cement Concrete or asphalt.
3. No commercial vehicle or truck over 3/4 ton sha11 be regularly parked on any lot or street in the Subdivision other than for delivery or construction purposes unless housed within a
garage; and no person shall engage in major car repairs either for himself or others at any time.
4. These covenants and restrictions are to 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 are recorded, after which time said covenants shall be automatically extended for successive periods of one (1) year. These covenants and restrictions may be amended by a resolution passed by a majority of the members of the Association, voting in person or by proxy, authorizing the principal officers of the Homeowners Association to sign an instrument amending said covenants in whole or in part. The votes of the membership shall be one vote per lot regardless of whether one or more persons are record owners of said lot. Said amendment shall be effective thirty (30) days after being recorded in the Fayette County Clerk's Office. Written notice of a proposed amendment shall be given to every homeowner, either by mail or hand delivery, at least sixty (60) days in advance of the meeting at which vote will be taken on said amendment.
5. The Developer, the Homeowners Association, or any lot owner at any time may enforce the restrictions and covenants herein contained by appropriate legal procedure. Invalidation of any of these covenants by judgment or Court order shall in no way affect any of the other provisions which shall remain in full force and effect.
6. Should the owner of any lot fail to maintain the lawn, the Developer, or its assigns may enter such lot to cut grass and/or weeds and remove any debris necessary, and collect its costs of labor and material plus twenty-five (25%) percent from the owner of said lot.
7. No recreational vehicle, trailer or boat shall be parked in any front yard or on any street in the Subdivision for a period in excess of twenty-four (24) hours or in any manner that, may be construed as an intentional attempt to circumvent this restriction.
8. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance, or a nuisance to the neighborhood.
9. Anyone cutting into or tunnelling under or damaging in any manner the street, sidewalk or road serving said lots must repair and restore the street, sidewalk or road to its original condition, all at such person's own risk and expense. This shall not be construed as any permission or consent by the developers and shall not create any liability on the developer of the Autumn Ridge Subdivision, express or implied.
10. No building or structure of a temporary character, including, but not limited to, trailers, basements, tents, shacks, sheds, garages, barns or other building other than residence buildings, shall be used upon any lot in said unit at any time as a residence, either temporarily or permanently, nor shall any trailer, tent, shack, shed, barn or unmovable vehicle be used and/or maintained upon any lot in said Subdivision at any time,
whether temporarily or permanently, except for the Developer, so long is it is actively involved in the development or marketing of lots.
11. No animals, livestock and/or poultry of any kind shall be raised, bred or kept upon any lot in said unit of said Subdivision; provided, however, doqs, cats and/or other household pets may be kept and maintained upon said lots if they are not kept, bred or maintained for any commercial reason or purpose and all lot owners shall be subject to the regulations of the Autumn Ridge Homeowner's Association.
12. No fence, wa11, hedge of any nature may be extended toward the front or side of the property line beyond the building setback line as shown on the Record Plat in the Fayette County Court Clerk's Office and may not extend toward the front of the house past the rear corner. Any fence used must conform with the character of the Subdivision and shall be in accordance with appropriate governmental regulations, and shall be approved by the Developer prior to construction. All fences are subject to the Developer's approval and shall be no higher than four (4) feet, and must be constructed with wood, brick or vinyl materials. Chain link fences are prohibited.
13. No signs shall be permitted on property, house number and name plates excepted, except those which the Developer may deem fit.
14. No city or municipality shall be formed during the development and initial sale of this Subdivision unless approved by the Developer.
15. No television, radio or other similar microwave receiving dish shall be permitted on any lot.
16. No additional subdivision of a lot shall be made to reduce the size of the lot without permission of the Developer and appropriate governmental bodies.
17. Minimum size of living area for primary construction exclusive of porches, basements, attics, carports and garages, shall be as follows, based on the house type:
(a) One-Floor Plan 1,500 Sq. Ft-
(b) One & One-Half 1,100 Sq. Ft. (1,800
(Main Floor) Sq. Ft. Total)
(c) Two-Story 1,000 Sq. Ft (2,000
(lower Floor) Sq. Ft. Total)
The Developer may approve other types of design (so long as such designs contain a minimum of 1,500 Sq. Ft. of living area) provided the living area as defined in this paragraph is substantially similar to the requirements herein specified, at the sole discretion of the Developers.
18. All plans for buildings to be erected, placed, altered or permitted to remain upon any lot shall be subject to approval by the Developer and one complete set of the plans and specifications shall be provided and retained by the Developer. The detailed plan and specifications shall, without limitation, include the color of the brick or paint to be used on the exterior. It is one
of the purposes of these restrictions to cause the construction of residences of external design which will be harmonious one with the other. Bedford Stone, Tennessee Stone or similar stone shall not be permitted on the exterior of any residence. Field stone shall be permitted, only after photo or sample of particular stone has been approved by Developer. No vinyl siding shall be permitted except in combination with masonry construction which shall be approved by the Developer. The primary entrance to each residence must face the street.
19. All houses must have a two car attached or basement. garage and must have an operational exterior garage door.
20. As construction on each lot is completed, sod shall be placed from the edge of the paved street to the building line of the main structure and across the entire width of the lot, and six feet (6’) around the side and back of the structure, with the exception of sidewalks and driveways. The remaining rear yard shall be graded and seeded or sodded.
21. As construction on each lot is completed, each lot shall, be landscaped with the number of street trees (trees planted between the sidewalk and street) as required by the Lexington-Fayette Urban County Government. These trees must be a minimum of 2 1/2" in diameter and shall be Aristocrat Pears.
22. 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 owner, Contractor or Sub-contractor.
23. All construction shall ho finished to grade and there shall be no exposed concrete block foundation, concrete foundation or stucco foundation permitted.
24. No construction of any lot shall commence without a building permit. Upon the issuance of a building permit for a lot, the owner/builder must diligent1v pursue completion of the residence and have a Certificate of Occupancy within six (6) months from the date of issuance of the building permit. Owner/builder must provide sanitation and trash containers for their construction workers during construction.
IN WITNESS WHEREOF, the Developer has caused its name to hereunto be subscribed by its duly authorized officer, this the 28th day of February, 1995.

Michigan corporation
By: Henry Vetrraino, Jr.
Its: Secretary/Treasurer


The foregoing instrument was acknowledged before me this 28th day of February, 1995, by Henry L. Vettraino, Jr. as Secretary-Treasurer of Vettraino Development Company, a Michigan corporation, on behalf of the corporation.

My commission expires: _________________________



Stephen M. Ruschell
250 West Main Street
Lexington, Kentucky 40507


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: Jeannie MCVEY, dc


March 14, 1995 13:20:50 PM

Fees $22.00 Tax $.00

Total Paid $22.00


9 Pages

223 - 231

Copyright © 2009 Autumn Ridge Homeowners Association

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