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Covenants

DECLARATION OF COVENANTS AND RESTRICTIONS


THE HARBORAGE


T BAR C, LLC, of 1425 Main Street,Shelbyville, KY 40065 (the “Developer”), is the developer of

a subdivision known as The Harborage and consisting of lots having the following legal

description (“The Harborage” or the “Subdivision”):


BEING Lots 1-13 as shown on the final plat of The Harborage of record in Plat CabinetX,

PageXXX, in the office of the Clerk of Shelby County, Kentucky.


For the mutual benefit of the present and future owners of lots in the Subdivision, Developer

imposes the following restrictions upon the above described lots as follows (the “Restrictions”):


1.Primary Use Restrictions. No lot shall be used except for private family residential purposes.

No structure shall be erected, placed or altered on lots except one single 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 which may contain a private

garage (attached only).


2.Approval of Construction Plans, Driveways, And Fences. No building, fence, wall structure or

other improvement (including a garage) shall be erected, placed or altered on any lot until the

construction plans, specifications and a plan showing the grade elevation (including rear, front

and side elevations) and location of the structure, fence, wall, or improvement, the type of

exterior material and driveway shall have been approved in writing by Developer or by any

person or association to whom it may assign the right. The maximum height of any fence shall

not exceed five (5) feet. Fences are only allowed in backyards and along the highway, and

made of rod-iron. If the property is over 5 acres, black four board fences are approved along

property lines. The post side or any unfinished side of any permitted fence shall be facing the

interior of the lot on which it is erected. Developer may vary the established building lines, in

its sole discretion, where not in conflict with applicable zoning regulations.


3.Building Materials/Builder Approvals.


(a)The exterior building material of all structures shall be extended to ground level and the front

shall be either brick, stone, brick veneer or stone veneer, Hardiboard, or combination of the

same. However, Developer recognizes that the appearance of other exterior building materials

(such as wood and vinyl siding) may be attractive and innovative, and reserves the right to

approve in writing the use of other exterior building materials.


(b) Developer reserves the right of prior approval, in its sole and absolute discretion, of each

general contractor or builder which proposes, or is contracted with, hired or otherwise retained

by any lot owner, to build a residential structure on any lot, which approval must be obtained

prior to the commencement of any such construction. Developer reserves this right of prior

approval in order to promote a uniform anticipated quality of construction within The

Harborage and so that the economic value of other lots and structures within the Subdivision

will not be impaired by the construction of residential structures not of the same or comparable

quality as is intended to exist in therein; provided, however, that Developer does not warrant or

guarantee in any respect the actual work of any approved general contractor or builder and

Developer shall not be responsible in any manner for any defect, error or omission by any such

general contractor or builder.


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 of The

Harborage, except bay windows and steps may project into said areas, and open porches may

be projected into said areas not more than six (6) feet. Developer may vary the established

building lines, in its sole discretion, where not in conflict with applicable zoning regulations.


5.Minimum Floor Areas/Garages.


(a)The ground floor area of a one-story house shall be a minimum of 2,200 square feet,

exclusive of the garage.


(b)The ground floor area of a one and one-half story house shall have a minimum floor area of

at least 1,800 square feet and 2,300 square feet total overall.


(c)The ground floor area of a two story house shall be a minimum of 1,700 square feet with an

overall minimum square footage for the entire structure of 3,000 square feet, exclusive of the

garage.


(d)Finished basement areas (whether or not a “walk out” basement), garages and open porches

are not included in computing floor areas.


(e)Each dwelling shall have an attached garage (2-car minimum) side-load or courtyard load are

acceptable, made of the same construction as the dwelling.


(f)The Developer, at its sole discretion, may approve the construction of a residence that may

be different or variable in floor plan from those set forth above, it being the intent of this

provision that the architectural appearance of the residence is the paramount consideration.


6.Nuisances. No noxious or offensive trade activity shall be conducted on any lot, nor shall

anything be done which may be or become any annoyance or nuisance to the neighborhood.


7.Use Of Other Structures And Vehicles.


(a)Additional structures i.e. mother-in-law suites, guest homes, and garages are permitted in

accordance with county regulations and with approval from the Developer.


(b)No outbuilding, trailer, basement, tent, shack, garage, barn or structure shall at any time be

used as a rental residence, temporarily or permanently.


(c)No trailer, truck, commercial vehicle, camper trailer, camping vehicle, or boat shall be parked

or kept on any lot at anytime unless housed in a garage or basement. No automobile which is

inoperable shall be habitually or repeatedly parked or kept on any lot (except in the garage).

No automobile, trailer, boat, truck, or other vehicle shall be parked on any street for a period in

excess of twenty-four (24) hours in any one calendar year, unless approved in writing by the

Developer.


(d)No automobile shall be continuously or habitually parked on any street or public right-of-way

in The Harborage.


(e) Pools shall only be built in-ground with approval from developer. Rod-iron fencing around

the pools will be approved for the safety of residence and animals. Trampolines and children’s

play equipment will also require developer approval.


8.Animals. No animals, livestock, or poultry of any kind may be raised, bred or kept on any lot;

provided, however, that dogs, cats and other household pets (“PETS”) may be kept on a

Building Site subject to the following limitations:


8.1 No pets may be kept, bred, or raised on any Building Site for commercial purposes.


8.2 Each pet kept on a Building Site must be confined within fenced areas or restrained on a

leash and personally attended by a responsible adult.


8.3 Pets may be kept on a Building Site only in reasonable numbers, and then only for so long

as they do not unduly interfere with the use and enjoyment of the Building Sites and Common

Areas by others.


8.4 A Pet Owner shall immediately remove and properly dispose of any pet litter deposited on

any property other than the lot owned by the Pet Owner.


8.5 The Association may adopt additional rules regarding animals including rules excluding

certain types of animals from the Subdivision.


9.Landscaping, Driveways, Trees.


(a)After the construction of a residence, the lot owner shall grade and sod/grass that portion of

the lot between the front and street and six feet (6’) from the walls around the residence and

the pavement of any abutting streets. Each lot owner shall also sod/grass any drainage swale

on the lot, shall concrete or otherwise complete the driveway within ninety (90) days after

substantial completion of a single family dwelling.


(b)All landscaping shall be consistent and compatible with shrubs, trees, plants and other

landscaping commonly used in this geographical area. No tree shall be removed from any lot

without the prior written approval of the Developer or any person or association to whom

Developer may assign such approval right.


10.Mailbox.The developer shall furnish a single multi residence mailbox, as required by the

Shelby County United States Post Office. Any replacement mailboxes will be purchased by the

HOA.


11.Utility Easements & Related Drainage. Easements for installation and maintenance of

utilities and drainage facilities are reserved, as shown on the record plat, or any amendment

thereto approved by the Developer which is not in conflict with any applicable zoning

requirement. The electric and telephone services for each dwelling shall be carried through

underground cables which meet the utility company specifications for underground services.

No dwelling in the Subdivision shall be served by overhead electrical or telephone lines. Within

the utility and drainage easements, no structure, planting or other material shall be placed or

permitted to remain, which may damage or interfere with the installation and maintenance of

utilities, or which may change the direction of flow of drainage channels in the easements, or

which may obstruct or retard the flow of water through drainage channels in the easements.

Any lot owner that interferes, changes, obstructs or retards the flow of surface or subsurface

drainage within any designated drainage easement and thusly adversely affects the overall

drainage of the area, or any portion thereof, shall remedy the situation to Developer’s

satisfaction and shall be directly responsible for all damages incurred by said action. The

easements of each lot shall be maintained by the owner of the lot, except maintenance for

which a public authority or utility company is responsible.


12.Duty To Maintain Property. It shall be the duty of each lot owner to keep the grass on the lot

properly cut, to keep the lot free from weeds and trash, and to keep the lot and all

improvements thereon otherwise neat and attractive in appearance. All lot owners shall keep

lots free from trash and roadways clear of silt and mud during construction of a home. No

trash containers may be placed on the street during construction. Should any owner fail to do

so, then Developer (or any person or association to whom it may assign the right) may take

such actions as it deems appropriate, including mowing, or order to make the lot neat and

attractive, and the owner shall upon demand reimburse Developer or other performing party for

the expenses incurred in so doing, and Developer shall have a lien on that lot and the

improvements thereon to secure the repayment of such amounts. Such lien may be enforced

by foreclosure against the lot and improvements thereon, but such lien shall be subordinate to

any first mortgage thereon.


13.Duty To Repair And Rebuild.


(a)Each owner of a lot shall, at its sole cost and expense, repair his residence, keeping same in

condition comparable to the condition of such residence at the time of its initial construction,

excepting only normal wear and tear.


(b)If all of any portion of a residence is damaged or destroyed by fire, or other casualty, then

the owner shall, with all due diligence, promptly rebuild, repair, or reconstruct such residence in

a manner which will substantially restore it to its apparent condition immediately prior to the

casualty.


14.Business; Home Occupations. No trade or business of any kind (and no practice of

medicine, dentistry, chiropractic, chiropody, osteopathy and like endeavors) shall be conducted

on any lot or in any improvement thereon; nor shall anything be done thereon which may

become an annoyance or nuisance to the neighborhood. The Developer, in their discretion,

may allow an exception. Notwithstanding the provisions hereof or of section 1, a house in the

Subdivision may be used by the builder thereof as a model home for display or for the builder’s

own office, provided said use as a model home terminates within two years from completion of

the construction of the house. The Developer may waive in writing the two year limitation

hereinabove set out, on a case by case basis, in its sole discretion.


15.Lighting. No exterior lighting, other than ordinary incandescent, LED, or fluorescent bulbs

of seventy-five (75) watts or less shall be maintained upon any lot so that the direct rays thereof

fall upon any other lot. All lighting must must be shielded by design or modification that directs

light downward, and must limit direct line-of-sight of the fixture’s lamp to the property on which

the fixture is installed.


16.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 (exceptions may be permitted for lots exceeding 15 acres);

except one sign for advertising the sale thereof, which shall not be greater in area than nine

square feet; except Developer shall have the right to erect larger signs when advertising the

subdivision. This restriction shall not prohibit placement of (i) occupant name signs and lot

numbers as allowed by applicable zoning regulations and (ii) not more than three political

campaign signs for candidates for public office or for public referenda each not greater in area

than nine square feet and erected not earlier than two months prior to the election and

removed within one week of the end of the election.


17.Drainage. Drainage for each lot shall conform to the general drainage plans for the

Subdivision.


18.Disposal Of Trash; Compost Bins. 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 which containers shall be good working order, have a hinged lid, and shall

be stored in a location on the lot not visible from the public right of way. Any compost bin shall

only be used for grass clippings and other yard waste from the lot, shall be placed as close as

practical to the rear of the lot, and shall be appropriately screened from the view of the

adjacent lots.


19.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 owners of the front footage of all lots in

the Subdivision has been recorded, agreeing to change these restrictions and covenants in

whole or in part. These restrictions may be cancelled, altered or amended at any time by the

affirmative action of the owners of 80% of the lots subject to these restrictions; except these

Restrictions may not be amended without Developer’s consent so long as Developer owns any

lots in the Subdivision. 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 see enforcement of these restrictions.


20.Notices. Any notice called for under these Restrictions shall only be valid as against the

Developer only if sent by certified mail, return receipt requested, for the registered agent of the

Developer as listed in the records of the office of the Secretary of State of the Commonwealth

of Kentucky with a copy, also sent by certified mail, return receipt requested, to the person

preparing these Restrictions listed below. Any notice called for under these Restrictions to any

lot owner, other than the Developer, shall be valid if sent by certified mail, return receipt

requested, to the lot owner at the lot owner’s lot address in the Subdivision. A notice to a lot

owner which is hand delivered or which is received by the lot owner at any other address shall

also be valid notice to the lot owner. The Developer may also record in the Office of the clerk

of Shelby County (or such other office as then receives real property filings relating to

ownership of the Subdivision) an amendment to these Restrictions at any time specifying a

different address for purposes of giving notice to the Developer.


21.Assignment Of Rights Of Developer. Developer may delegate, assign or otherwise transfer

by a written document signed by the Developer and recorded in the Office of the clerk of

Shelby County (or such other office as then receives real property filings relating to ownership

of the Subdivision) any or all of its rights or responsibilities under these Restrictions without

obtaining any consent of any lot owner. Such delegate, assignee or transferee is herein also

referred to as the “Developer”.


22.Enforcement.


(a)Enforcement of these restrictions shall be by proceeding of law or in equity, brought by any

owner of real property in the Subdivision, by any association formed under section 26, or by

the Developer itself, against any party violating or attempting to violate any covenant or

restrictions, either to retrain violation, to direct restoration or to recover damages, costs and

expenses, including any attorney’s fees.


(b)In addition, Developer or any association formed under section 26 may take any and all such

actions as they in good faith deem reasonably necessary to remedy any lot owner’s failure to

comply with these Restrictions, and the lot owner on demand shall reimburse Developer or any

association all of the damages, costs and expenses, including any attorney’s fees, incurred in

doing or attempting to do so.


(c)Any award under Section 24(a) against any lot owner or any sums to be paid under Section

24(b) shall be a lien on all of the lot owner’s lots in the Subdivision and the improvements

thereon to secure the repayment of such amount. Such lien may be enforced by foreclosure

against that lot or lots and the improvements thereon, but such lien shall be subordinate to any

first mortgage or vendor’s lien thereon.


23.Invalidation. Invalidation of any one of these covenants by judgment or court order shall in

no way effect any of the other provisions, which shall remain in full force and effect.


24.Homeowners Association; Assessments.


(a)After sale by the Developer of 80% of the lots therein, a homeowners association (an

“Association”) may be incorporated for the Subdivision in accordance with Kentucky law

governing nonprofit corporations. Formation of the Association shall be upon the affirmative

decision of the owners of a majority of the lots in the Subdivison as evidenced by such owners

having signed the articles of incorporation of the Association and identifying which lot or lots

they then own and, provided further, that if Developer still owns any lot in the Subdivision,

Develop must consent and sign the articles of incorporation of the Association. Before forming

an Association, the lot owners desiring to form the association shall make reasonable efforts to

contact each lot owner about their desire to form an Association, but any failure to do so shall

not preclude or prevent the formation of an Association provided the owners of a majority of

the lots in the Subdivision sign the articles of incorporation.


(b)If an Association is formed, every owner of a lot in the Subdivision shall be a member of the

Association. Such owner and member shall abide by the Association’s articles, bylaws, rules

and regulations, shall pay the assessments provided for, when due, and shall comply with

decisions of the Association’s Board of Directors.


(c)The objects and purposes of the Association shall be set forth in its articles of incorporation

(which shall not be inconsistent with these Restrictions, or any valid amendments to these

restrictions) and shall be to promote the social welfare and serve the common good and

general welfare of its members, and shall include, unless such obligations are otherwise

assumed by any municipal or governmental agency having jurisdiction thereof, the

maintenance and repair of the streets, medians, open space or common areas, crosswalks,

storm drains, basins, fences, street lights, and entrances as may be shown on the aforesaid

plats and acceptance of common area for purposes of operation, maintenance and repair.


(d)Regardless of whether an Association is formed, any responsibility of the Developer for the

maintenance and repair of streets, medians, open space or common areas, crosswalks, storm

drains, basins, fences, streetlights, and entrances may be shown on the aforesaid plat shall

automatically terminate after sale by Developer of eighty percent (80%) of the lots therein.

Prior to the automatic termination of any of Developer’s maintenance responsibilities,

Developer may elect to assess each owner of a Subdivision lot an assessment of not more

than two-hundred dollars ($200.00) per year payable January 2nd.


(e)The Association, by vote of a majority of its Board of Directors, may levy assessments

against the owners of Subdivision lots and shall fix the due date of each assessment.


(f) Any assessments levied by the Developer or the Association shall be the same for each lot,

shall be used only for purposes generally benefiting the Association, and shall constitute a lien

upon the lot and improvements against which each such assessment is made. This lien shall

be subordinate to the lien of any first mortgage or vendor’s lien on the lot and shall be

enforceable against the real estate by foreclosure or otherwise.


SIGNATURE PAGE TO FOLLOW


Witness the signature of Developer by Timothy P. Redmond, Member of T Bar C, LLC, as of

this _____ day of _______________________, 20____.

T Bar C, LLC

Timothy P. Redmond, Member


STATE OF KENTUCKY)

)ss:

COUNTY OF SHELBY)


The foregoing instrument was signed, sworn to, and acknowledged before me on this _______

day of ________________________, 20____, by Timothy P. Redmond, Member of T Bar C, LLC, a

Kentucky limited liability company, for and on behalf of the company as owner and developer

of The Harborage..


______________________________________

Notary Public


My Commission Expires:__________________


This instrument was prepared by

W. MATTHEW WADE, PLLC

543 Main Street

Shelbyville, Kentucky 40065

(502) 647-9344 / Fax: (502) 647-3455

______________________________

W. Matthew Wade, Member

Attorney At Law