Covenants, Codes & Restrictions (CC&R's)
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Protective Covenants
of
Drake Creek Subdivision
WHEREAS, Drake Creek On The Ohio, Inc. hereinafter called “Developer” having its principle office in Ledbetter, Kentucky is the owner and developer of the property hereinafter described, and
WHEREAS, in the beneficial interest of the developer and future owners of such real property, it is desirable to subject such real property to, and impose upon the present and future owners thereof, their heirs, personal representatives, successors and assigns, certain easements, restrictions, conditions, limitations, reservations, obligations, and covenants, in order to assure the beneficial, harmonious property, in order to
- cause the construction of residences and improvements to have an exterior scale, design quality, color which will be harmonious with other residences and golf course and enhance the aesthetic appearance and value of the lots and residences; and
- prevent certain uses thereof which tend to diminish or be detrimental to the valuable and enjoyable use, development, and maintenance of said lots.
WHEREAS, the developer desires to reserve for itself, its successors and assigns the sole discretion to review and approve certain aspects of the plans and specifications for the improvement of the lots, alterations to such improvements, and certain uses to be permitted or prohibited upon said lots, all as set forth more specifically hereinafter in order to accomplish the above desired purposes.
THEREFORE, the Developer does hereby make, constitute, and establish the following covenants, conditions, and restrictions as to the development, use, and occupancy of all lots in Drake Creek Subdivision, Phase I, Livingston County, Kentucky, a plat of which appears of record in Plat Cabinet A, Slide 60, Livingston County Clerk’s Office, and Phase II, Livingston County, Kentucky, Plat Cabinet A, Slide 72.
No improvements, change, construction, addition, excavation, landscaping, tree removal or other work or action shall commence on any lot until plans and specifications for the same shall have been first approved in writing by the Developer or by an person or entity to whom it may assign the right. Approval shall be requested by submission of two sets of plans and specifications, (one set to remain in the possession of the Developer, the other to be signed and returned to the property owner), showing at least the following: (1) existing and proposed land contours and grades, (2) all buildings, access drives, and other improvements and improved areas, and the locations thereof on the site: (3) rear, front, and side elevations and floor plans, (4) color of all exterior trim brick, roof, and other components, (5) all landscaping materials and locations including existing and proposed trees, planting areas and exterior ornamentation, (6) exterior lighting plans, (7) walls and fences, (8) patios, decks, pools and porches, (9) parking areas, (10) mailboxes, (11) samples of materials to be used on the exterior requested by the Developer, and (12) such other information, data and drawings as may be reasonably requested by the Developer. The Developer has the discretion to waive the submission of any or all of these specifications if he feels he has previously received sufficient specifications to make a decision.
Approval shall be based, among other things, upon conformity and harmony of the proposed plans and specifications with the site and natural features thereon, other structures in Drake Creek, the effect of the location and use of improvements on neighboring property, conformity of the plans and specifications to the purposed and general intent of these restrictions. Color of exterior paint and other materials is considered a vital factor in achieving the purposes of these restrictions. Earth tone colors are encouraged. The golf course is a visual asset to lot owners and the views of the golf course from the lots other than the one for which plans are being reviewed will be considered in the plan review process. As the golf course is considered an asset to the lot owners, the view from the golf course to the lot will also be considered in the plan review process.
If the Developer fails either to approve or disapprove such plans and specifications within thirty (30) days after the same have been delivered to the Developer, the applicant shall notify the Developer by certified mail that the Developer has fifteen (15) days from date certified mail is received to approve or disapprove plans. If no action is taken on the plans by the end of the fifteen day period it shall be presumed that the Developer has approved said plans and specifications.
Neither the Developer nor its successors or assigns shall be liable to anyone submitting plans for approval by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any plans. Every person or entity who submits plans to the Developer agrees, by submission of such plans, that he or it will not bring any action or suit against the Developer or its representatives.
- BUILDING
All lots are designed as single family dwelling and shall have a building constructed not to exceed two stories plus a basement with attached or approved detached garage with space for at least two cars. No commercial business shall be allowed.
Any dwelling erected, placed, altered, or permitted to remain on any lot in Drake Creek Subdivision, shall be predominantly (80%) masonry construction, brick, stone, dryvit, or exterior stucco; provided, however, that Developer does hereby reserve the right, but no the obligation, to waive this restriction in writing at its sole discretion. Finished building materials shall be applied to all sides of the exteriors of buildings and shall extend to the ground. No exposed concrete block will be permitted. Colors shall be harmonious and compatible with colors of natural surrounding and other adjacent buildings. The Developer shall have the sole right to approve or disapprove materials and colors. All buildings shall be constructed with new materials unless approved in writing by the Developer.
No single family residence constructed on Lots 1 through 70, inclusive, shall have a ground floor area of less than 1,800 square feet in case of a one-story structure; less than 1,100 square feet for the first floor and 700 square feet for the second floor in the case of a two-story structure, exclusive of garages, porches, and terraces, even through the garage, porch, or terrace is under the same roof. Lots 71 through 106, shall not have a ground floor area of less than 2,400 square feet in the case of a one-story structure; no less than 1,500 square feet for the first floor and 900 square feet for the second floor in the case of a two story structure, exclusive of garages, porches, and terraces, even though the garage, porch, or terrace is under the same roof. All buildings shall have a minimum roof pitch of 7/12 without the written consent of the Developer.
All driveways constructed on any lot in said subdivision shall be of concrete or asphalt. All driveway plans must be approved by the Developer and the driveways must be completed within sixty (60) days of occupancy or in the case of non-occupied homes within sixty (60) days from when the main electric hook-up is made.
No drainage ditches, cuts, swales, streams, impoundments, mounds, dams, or other physical improvements or elements of landscape or terrain which control or determine the location or flow of surface water and drainage patters may be destroyed, altered or modified by or at the direction or with the consent of any owner without the prior written consent of the Developer. In the event of any destruction, alteration, modification, or improvement made or occurring without such consent of the Developer, it representative may have the right to enter upon the property to remedy or repair such destruction, alteration, modification or improvement without being guilty of trespass and without liability to any owner with respect to the same or the consequences thereof. Whenever, because of construction of improvements on a lot on the same property or for some other reasons, silt would run off a lot onto any adjacent property or golf course, the owner of such a lot shall be obligated to provide a means of siltation control to prevent silt from running off of such lot onto such adjacent property.
Every property owner shall cause to be planted and maintained a grass cover or approved landscaping for the entire portion of said lot. Such ground cover shall not exceed ten (10) inches in heights at any time. In the even the owner of any lot fails to keep and maintain the lot in good condition, free of trash, or weeds and grass over 10” in height, the Developer shall have the right to clean mow, and maintain the said lot and charge the owner. The burning of leaves, yard waste, garbage, or any other materials is strictly prohibited.