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PLAINVIEW RESIDENTS' ASSOCIATION

P.O. Box 24477
Louisville , KY 40224

(502) 244-8240

INDEX TO PLAINVIEW DECLARATION OF RESTRICTIONS

 

  1. Article No.
    Summary:
    1.
    2.
    3.
    4.
    5.
    6.
    7.
    (a) No temporary structures.
    (b) No outbuildings, trailers, etc. Used as a residence
    (c)No trailer, truck, commercial vehicle, camper trailer, camping vehicle, boat, inoperable car
    8.
    9.
    10.
    11.
    12.
    13.
    14.
    15.
    16.
    17.
    18.
    19.
    20
    21.
    22. Enforcement
    23. Invalidation
    24. Residents' Maintenance Association; Assessments
    25. Swim and Tennis Club; Assessments
    26. Amendments to Articles and Bylaws

An explanation and definition of the Articles of the "Declaration of Restrictions” is attached to this Index.

Plainview . § 4

DECLARATION OF RESTRICTIONS

PLAINVIEW SUBDIVISION, SECTION 4

PLAT AND SUBDIVISION BOOK 32, PAGE 67
JEFFERSON COUNTY, KENTUCKY
________________________________________________

Plainview Farms Development Corporation, a Kentucky corporation, (" Plainview"), 10001 Linn Station Road, Louisville Kentucky 40223, is now the owner of the following lots in Plainview Subdivision, Section 4:

BEING lots 460 through 551, inclusive, as shown on the plat of Plainview, Section 4, of record in Plat and Sub­division Book 32, Page 67, in the office of the Clerk of the County Court of Jefferson County, Kentucky.

For the mutual benefit of present and future owners of the lots in Plainview Subdivision, including this section and the residential lots in sections of Plainview Subdivision previously recorded and to he recorded, Plainview imposes restrictions upon the above described lots as follows:

(1) Primary Use Restrictions.

No lot shall be used except for private single family residential purposes. Po structure shall be erected, placed or altered or permitted to remain on any lot except one sing family dwelling designed for the occupancy of one family (including any domestic servants living on the premises), not to exceed two and one-half stories in height and a private garage (attached or detached) for not more than three automobiles for the sole use of occupants of the lot.

(2) Approval of Construction Plans.

No building, fence, wall, structure or other improvement (including a detached garage) shall be erected, placed or altered on any lot until the construction plans, specifications and a plan showing the grade elevation and location of the structure, fence, wall or improvement, the type of exterior material and the driveway (which shall be of asphalt or concrete) shall have been approved in writing by Plainview or by any person or association to whom it may assign the right. No fence or wall of any nature may be extended toward the front or street side property line beyond the front or side wall of the residence. Plainview may vary the established building lines, in its sole discretion, where not in conflict with applicable zoning regulations.

(3) Building Materials.

The exterior building material of all structures shall extend to ground level and shall be either brick, stone, brick veneer or stone veneer or a combination of same, unless some other material shall be approved in writing by Plainview, or any person or association to whom it may assign the right.

(4) Setbacks.

No structure shall be located on any lot nearer to the front lot line or the side street line than the minimum building setback lines shown on the recorded plat, except bay wine and steps may project into said areas, and open porches may project into said areas not more than six feet.

(5) Minimum Floor Areas.

(6) Nuisances.

No noxious or offensive trade or activity shall be conducted on any lot, nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood.

(7) Use of Other Structures and Vehicles.

(8) Animals.

No animals, including reptiles, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets (meaning the domestic pets traditionally recognized as household pets in this geographic area) may be kept provided that they are not kept, bred or maintained for any commercial or breeding purposes. All house­ hold pets, including dogs and cats, shall at all times be con­fined to the lot occupied by the owner of such pet.

(9) Landscaping; Sidewalks.

After the construction of a residence, the lot owner shall grade and sod that portion of the lot between the front and street side walls of the residence and the pavement of any abutting streets. Each lot owner shall cause a sidewalk to be constructed on each lot where required by applicable subdivision regulations.

(10) Removal of Trees.

No tree with a trunk larger than two inches in diameter at the base shall be removed from any lot without the written permission of Plainview or any person or association to whom it may assign the right. If any tree is injured from whatever cause, the owner shall immediately have it treated by a qualified nurseryman. Upon the construction of a residence, the owner shall cause to be planted a three inch tree in the front yard. Upon an owner's failure , to comply with this paragraph, or paragraph (9), Plainview or any person or association to whom it may assign the right, may take such action as necessary to comply therewith, and the owner on demand shall reimburse Plainview or other performing party for the expense incurred in so doing.

(11) Mail and Paper Boxes; Hedges.

No mail box, paper holder or hedge shall be placed or planted on any lot unless its design and placement or planting are approved in writing by Plainview or by any person or association to whom it may assign the right.

(12) Clothes Lines.

No outside clothes lines shall be erected or placed on any lot.

(13) Duty to Maintain Property.

It shall be the duty of each owner to keep the grass on the lot properly cut, to keep the lot free from weeds and trash and to keep it otherwise neat and attractive in appearance. Should any owner fail to do so, then Plainview (or any person or association to whom it may assign the right) may take such action as it deems appropriate, including mowing, in order to make the lot neat and attractive, and the owner shall upon demand reimburse Plainview or other performing party for the expense incurred in so doing.

(14) Business; Home Occupations.

No trade or business of any kind (and no practice of medicine, dentistry, chiropody, osteopathy and like endeavors) shall be conducted on any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Notwithstanding the provisions hereof or of section (1), a new house may be used by the builder thereof as a model home for display or for the builder's own office, provided said use terminates within two years from completion of the house.

(15) Signs.

No sign for advertising or for any other purpose shall be displayed on any lot or on a building or a structure on any lot, except on sign for advertising the sale or rent thereof, which shall not be greater in area than nine square feet; except Plainview shall have the right to erect larger signs when advertising the subdivision. This restriction shall not prohibit placement of occupant name signs and lot numbers as allowed by applicable zoning regulations.

(16) Drainage.

Drainage of each lot shall conform to the general drainage plans of Plainview for the subdivision.

(17) Disposal of Trash.

No lot shall be used or maintained as a dumping ground for rubbish, trash or garbage. Trash or garbage or other waste shall not be kept except in sanitary containers.

(18) Underground Utility Service.

Electric service lines serving each lot shall be underground throughout the length of service lines from the Louisville Gas & Electric Company pedestal to the building erected on each lot, and title to the service lines shall remain in, and the cost of installation and maintenance thereof, shall be borne individually by the respective lot owner upon which said service lines are located. The electric and telephone easements shown on the plat shall be maintained and preserved in their present condition and no encroachment therein, and no change in the grade or elevation thereof, shall be made by any person or lot owner without the express consent in writing of the Louisville Gas & Electric Company and South Central Bell Telephone Company or their successors.

(19) Drains.

No storm water drains, roof downspouts or ground water shall be introduced into the sanitary sewage system. Connections on each lot shall be made with watertight joints in accordance with all applicable plumbing code requirements.

(20) Obligation to Construct or Reconvey.

Each lot owner shall, within fifteen months after the date of conveyance of a lot without a dwelling thereon, commence in good faith the construction of a single family dwelling approved according to paragraph (2), upon each lot conveyed; provided, that should said construction not commence within the specific period of time, Plainview may elect to repurchase any and all lots on which construction has not commenced for 90% of the agreed purchase price of said lot or lots hereunder, in which event the lot owner shall immediately reconvey and deliver possession of said lot or lots to Plainview by deed or special warranty.

(21) Restrictions Run With Land

Unless cancelled, altered or amended under the provisions of this paragraph, these covenants and restrictions are to run with the land and shall be binding on all parties claiming under them for a period of thirty years from the date this document is recorded, after which time they shall be extended automatically for successive periods of ten years, unless an instrument signed by a majority of the then owners of the front footage all lots in Section 4 of Plainview, has been recorded, agree to change these restrictions and covenants in whole or in par These restrictions may be cancelled, altered or amended at an time by the affirmative action of the owners of 75% of the lots subject to these restrictions. Failure of any owner to demand or insist upon observance of any of these restrictions, or to proceed for restraint of violations, shall not be deemed a waiver of the violation or the right to seek enforcement of these restrictions.

(22) Enforcement.

Enforcement of these restrictions, excepting paragraph 21 shall be by proceeding at law or in equity, brought by any owner of real property in Plainview Subdivision, by the Association formed under paragraph (24), by the Club formed under paragraph (25), or by Plainview itself, against any party violating or attempting to violate any covenant or restriction, either to restrain violation, to direct restoration or to recover damages.

(23) Invalidation.

Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provision which shall remain in full force and effect.

(24) Residents' Maintenance Association; Assessments.

(26) Amendments to Articles and Bylaws.

Nothing in this Declaration of Restrictions shall limit the right of the Association or of the Club to amend from time to time their Articles of Incorporation and bylaws.

WITNESS the signature of Plainview by its duly authorized officer on this 14th day of June , 1977.

PLAINVIEW FARMS DEVELOPMENT CORPORATION,
a Kentucky corporation

________________________________________________________
By A. Thomas Sturgeon, President

STATE OF KENTUCKY ) SS
COUNTY OF JEFFERSON )

The foregoing instrument was acknowledged before me this

14th day of June , 1977, by A. Thomas Sturgeon, Jr., President of Plainview Farms Development Corporation, a Kentucky corporation, on behalf of the corporation.

______________________________
Brenda Joyce Blacketer (formerly Knopp)

Notary Public

Commission expires: June 16, 1979

Instrument prepared by
Mark B. Davis, Jr.
Brown, Todd & Heyburn
1600 Citizens Plaza
Louisville , Kentucky 40202

--------------------------------------------------------------------------------------------------------------------------

AMENDMENT TO DECLARATION OF RESTRICTIONS
OF

PLAINVIEW SUBDIVISION, SECTION 1

Plat and Subdivision Book 29, Pages 33 and 34
Jefferson County, Kentucky

The undersigned, being the owners of seventy-five per cent (75%) or more of the lots in Plainview Subdivision, Sec 1, (lots 1 through 121, inclusive, as shown on above mention plat), pursuant to Section 21 of the Declaration of Restrict thereof, hereby amend the Declaration of Restrictions of Plainview Subdivision, Section 1, recorded in Deed Book 4542, Page 101, in the office of the Clerk of the County Court of Jefferson County, Kentucky, by deleting Section 25 thereof and substituting in lieu thereof as Section 25 the following:

(25) Swim and Tennis Club; Assessments.

The original Articles of Incorporation of The Plainview Club, Inc. ("Club"), which have been amended and may be amended from time to time, dated July 21, 1972, are recorded in Corporation Book 200, Page 457, in the office of the Clerk of the County Court of Jefferson County, Kentucky. Every owner of a lot in this section of Plainview Subdivision (and such other sections which Plain­view Farms Development Corporation shall by deed restrictions so provide) shall have the privilege to become a member of the Club, upon applying for membership, payment of the applicable assessments, dues or fees charged by the Club from time to time, and upon compliance with the Bylaws and rules of the Club and decisions of its Board of Directors.


2005 Plainview Residents' Association All Rights Reserved

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