DECLARATION OF COVENANTS AND RESTRICTIONS
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
(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
(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
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
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
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
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”.
(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)
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..
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