Ruff Property & Development LLC

Restrictive Covenants of Lots #20 through Lot #46

of THE COURSES - THE BACKSIDE - PHASE III

Amended as of 04/15/2008

1. The streets on said plat hereinabove mentioned, which are referred to as Crooked Stick Road and Sawgrass Circle, are dedicated to the use of the public. 
2. Said real estate shall be used for residential purposes only and for no other purpose.
3. No building shall be erected or placed on any lot nor shall any additions or alterations to the existing building be commenced until the construction plans and specifications and a plan showing the location thereof have been approved by the Architectural Control Committee.
4. The Architectural Control Committee shall consist of G. Ruffin Chandler Jr., and at his discretion the said G. Ruffin Chandler Jr., may appoint any other person or persons to serve on the Architectural Control Committee and said person or persons shall have the same authority to approve or disapprove the construction of any improvements upon the lots, the same as G. Ruffin Chandler Jr. has.  In the event that the Architectural Control Committee fails to approve or disapprove the design and location of proposed structure within 30 days after said plans and specifications have been submitted to it, such proposed plans and specifications will be deemed to have been approved by committee without further act.
5. No building or structure shall be erected, altered, placed or permitted to remain on any lot other than one single family dwelling house, not to exceed 2½ stories in height, together with an attached private garage. Garages must open to the side (unless approved by the Architectural Control Committee).
6. There shall be no more than one residence constructed on each lot designated on the plat of The Courses, The Backside, -Phase III and no dwelling or residence shall be constructed upon any of said lots with less than 2,000 square feet in living area, exclusive of garages, porches, breeze ways and patios.  No building or structure or any part thereof shall be constructed within 30 feet of the street lines of which said real estate fronts.  On Lots No. 20, 34, 37, and 46, the houses constructed thereon must face Sawgrass Circle.
7. No building or structure or any part thereof shall be constructed upon said real estate closer than 15 feet to the side lines of said lots except if an owner purchases an adjacent lot or lots or a part of a lot, then in that event the 15 foot restriction shall apply to the perimeter of the real estate owned by said owner.
8. The minimum building requirements as set forth in these restrictions shall be fulfilled within a period of 12 months from the beginning of construction of any residence.
9. No lot shall be used as a storage depot for building material except during the actual construction period of the residence, and the period of actual construction shall not exceed 12 months.  After construction, all lumber, bricks, blocks, and other construction materials will be removed immediately.
10. Fencing shall not be constructed on said lots either temporarily or permanently except an underground electric fence for the purpose of household pet control, fencing for a swimming pool constructed upon said lot, or what may be allowed by the Architectural Control Committee in certain instances.  All fencing must be approved by the Architectural Control Committee.
11. Swimming pools must be of a permanent in-ground type.  No above-ground pools will be allowed.
12.  No outside drying devices shall be permitted.
13.  No commercial enterprises of any kind shall be conducted upon any of said lots.  No commercial equipment such as mowers, tractors, or things of the like may be kept, stored or parked on said lots.
14. Except household pets, no animals, livestock, or poultry of any kind shall be retained, bred or kept on any lot.
15.  No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste.
16.  All lots in said subdivision are subject to utility easements as set forth on the plat of said subdivision, which is of record in Cabinet 2, on Slide No.280, in the Hopkins County Court Clerks Office.  Front utility easements are the same as the front building setback lines.
17. The developer reserves the right to keep lots mowed and in presentable condition at owner’s expense, if after 30 days notice of complaint owner refuses to maintain his lot.
18.  Utility lines to house must be buried.
19. Antennas and satellite dishes must have approval from the committee before being erected.  No satellite dish with a diameter of more than 30 inches will be allowed unless approved by the Architectural Control Committee.  Said satellite dish must be located in such a manner which is agreed to by the Architectural Control Committee.
20. Any propane tank used must be no more than 100 gallons and must be placed in area hidden from view by a fence attached to the house or shrubs.  Said tank must then not be visible from the front street.  Tanks of over 100 gallons will be buried.
21. Swing sets are allowed and must be erected of wood.  No metal swing sets will be allowed.
22. If drainage pipes are located upon a lot then the lot owner shall be responsible for keeping it free of debris and free flowing.  The owner and the owner’s agents must abide by the erosion control rules as set forth by the Kentucky Department of Environmental Management and the City of Madisonville.  In particular, the rule requires that erosion control practices be used during construction and development that will minimize soil erosion and sediment laden water from flowing from the building sites and it requires the streets to be kept free of transported soil from the building site.  As required, an erosion control plan has been submitted and part of the plan requires that prior to the start of construction on any lot a rock driveway be installed and all access to the lot shall be over that driveway.  It also requires that erosion control methods be used on individual lots to minimize soil erosion from being discharged of said site.  In connection with the foregoing, the owner agrees that the Developer has no responsibility for erosion control with regard to the owner’s lot and agrees to indemnify and hold the Developer harmless from any loss or damage as a result of the owner or the owner’s agents not complying with these rules.
23.  An acceptance of a deed of conveyance to any lot in this subdivision by any person shall be construed to be an acceptance and an affirmance by said person of all of the restrictions contained herein, whether or not the same be set out as specified in such conveyance.
24.  These Protective Covenants are to run with the land, and shall be binding upon all parties and all persons claiming under them and all lots in said Subdivision for a period of thirty (30) years from the date these Covenants are recorded, after which the said Covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the owners of the majority of the lots in said Subdivision has been recorded agreeing to change said Covenants in whole or in part, and if such instrument is recorded, then thereafter for successive periods of ten (10) years each of the changed Covenants shall be binding upon all of the said parties and lots as stated herein and thereafter the Covenants may again be changed from time to time by the owners of the majority of said lots.
25.  The owner or owners of any lot or lots of said Subdivision shall have the right to enforce the foregoing conditions and restrictions by proceedings for damages or injunctive relief, or both.
26. The Developer reserves the right to modify, change, amend or replat any portion of the lots contained within this subdivision until such a time as the last lot is purchased.
27. Should any one or more of the foregoing conditions or restrictions be held void by any Court of competent jurisdiction, all of the remaining covenants and restrictions shall remain in full force and effect.
28. The owners of a majority of the lots in said Subdivision, Lots No. 20 through 46, inclusive, may amend the foregoing conditions, restrictions, and covenants consistent with the general plan of use, occupancy, and enjoyment of said Subdivision provided said amendment(s) is made during the initial thirty (30) year period as set out in paragraph 31 above.