Post on 10-Oct-2020
GOEBEL CROSSINGS HOMEOWNERS ASSOCIATION ANNUAL MEETING NOTICE
MARCH 17, 2019 Spencer County Christian Church
5720 Taylorsville Rd, Fisherville, KY 40023 3:00 p.m.
AGENDA 1) Identification of voters and certification of proxies2) Confirm proper notice of meeting3) Approval of meeting minutes from March 20184) Reports of Board of Directors
a. President’s reporti. Welcome and updates
ii. Recognition of volunteers and guestsiii. Report on restriction violations
b. Treasurer’s reporti. 2018 financial results
ii. Operating budget 20195) Election of Directors (select four for March 2019 – March 2021)6) Unfinished business
a. Update on reviewing the need for additional street lights. One light was proposed to be addedon Andrew Drive; however, the homeowners living in the cul-de-sac unanimously declined theoffer.
b. Update on drainage at front entrance.7) New business
a. Obtain feedback from homeowners on proposed projects for 2019b. Voting on proposed amendments to the Declaration of Restrictionsc. Questions and suggestions from homeowners
8) Adjournment
All lot owners may attend the annual meeting; however, each home is entitled to one vote (as long as the dwelling is current in subdivision fees/expenses). Please select one homeowner who will cast your vote for your home.
Every vote is important. If a homeowner cannot attend the annual meeting, please complete the proxy form below. It must be scanned and emailed to GoebelCrossingHOA@gmail.com or mailed to Goebel Crossings HOA, PO BOX 127, Taylorsville, KY 40071 and received by March 15.
MINUTES OF THE ANNUAL MEETING OF
GOEBEL CROSSINGS HOMEOWNERS ASSOCIATION, INC. MARCH 18, 2018 at 3 p.m.
Mr. Muench, Board President, presided at the meeting. He called the meeting to order and welcomed the homeowners in attendance and introduced the HOA’s attorney, Mr. Hornung, and the board members in attendance. Mr. Singletary, HOA board secretary, noted there are 140 homes in Goebel Crossings, so a quorum of 14 is required and was well exceeded; 50 homes were represented in person and were given a packet of information and a ballot for elections and four proxies were received. He also reported that notice of the meeting had been properly given to homeowners in accordance with the Bylaws. Mr. Muench noted that the minutes from the 2017 annual meeting was in the packet. Upon a motion by Mr. Seaver and second by Mr. Beach, the designated voters unanimously approved the minutes of the 2017 annual meeting, conducted March 5, 2017. Mr. Muench then presented his report to the homeowners. Mr. Hornung provided an overview of some of the challenges faced by the HOA and HOA board, specifically how our legal documents are in conflict at times, are can only be changed by the Developer. This prevents the HOA and HOA board from governing the neighborhood. Mr. Muench noted the board has been working with Mr. Goebel to determine if he would be willing to give more control to the HOA homeowners. Mr. Goebel informed us he was agreeable with this request but would like to maintain control over granting or denying exceptions related to building new homes or structural changes to existing homes. Mr. Muench encouraged the homeowners to provide feedback to the HOA board on any suggested changes. Mr. Muench said that the ponding of water at the front entrance is a known problem. Last summer the state highway department was contacted and we were told that when equipment returned to our area, it would be corrected. The state was not agreeable to adding a culvert. He asked residents to try not to cut the corner when pulling out on Hwy 155 to reduce the ruts that block the water. Questions were raised about Phase IV. Mr. Muench indicated the HOA board knew very little about its progress. Questions were asked about the remaining undeveloped areas beyond phase IV and Mr. Muench indicated the HOA board was unaware of plans for that land. Mr. Muench thanked homeowners for making Goebel Crossings a great place to live. He noted that restriction violations are low and homeowners do great keeping their homes and properties neat and attractive. Mr. Singletary, secretary, presented the treasurer’s report on behalf of Mrs. Seaver, treasurer, as she was unable to attend the meeting. He provided an overview of the 2017 income and
expense line items. In summary, income was $13,400 and expenses were $13,822. The HOA experienced losses the last several years and many needed projects cannot be completed. This is why the HOA Board asked Mr. Goebel, as developer, to increase our annual assessment to $200. Future increases will require a majority of homeowners in attendance at a HOA meeting. He noted the largest expense item is electricity and pole maintenance of our street lights. Upon a motion by Mr. Chisholm and second by Ms. Harris, the designated voters approved the 2017 treasurer’s report. Mr. Singletary presented the current budget for 2018. The budget can change based on needs that may arise during the year, but we want input from the homeowners. Income is comprised of annual assessment fees of $200 per homeowner and our largest budgeted expense item was to Salt River Electric for street lights. Upon a motion from Ms. Milburn and a second from Ms. Walsh, the designated voters approved the current budget for 2018. Mr. Singletary noted that all but four homeowners have paid their 2018 HOA assessment of $200. This is a significant improvement over prior years. The home at 91 Jennifers Point did not pay their 2017 or 2018 assessment and our attorney filed a lien for the unpaid fees and associated legal fees and interest. Mr. Muench announced that the next item of business is the election of officers. Mr. Singletary explained, per Bylaws, the board is composed of seven board members. In odd-numbered years, four board members are elected while in even-numbered years, three board members are elected. Mr. Muench, Mrs. Seaver and Mr. Miller are not seeking re-election. Nominations were requested in the annual meeting notice and via the Goebel Crossings Homeowners Association’s Facebook page. He noted that Messrs. Cicogna, George, Johnson, Lambert and Miller were nominated for the 2018 – 2020 term and their bio information was included in the packets mailed to all homeowners. Mr. Muench asked if there were any further nominations. As there were none, nominations were closed. Ballots were collected and counted. The winners were Messrs. Cicogna, Johnson and Miller. Mr. Muench then discussed new business items. The first item was to review a request from a homeowner to ask Mr. Goebel to amend the restrictions to allow one single-axel utility trailer under 10 feet long to be stored on a homeowner’s lot if the trailer is kept neat in appearance. After further discussion, an overwhelming majority of designated voters rejected this request. Second, there was a request to add stop signs on Nevin Lane, both ways, at Andrew Parkway, creating a 3-way stop, to slow down traffic on Nevin Lane. After further discussion, a majority of designated voters rejected this request. Third, there was a request to consider adding more street lights. Mr. Singletary noted that it was $430 to add a street light plus $17 for monthly maintenance plus electricity costs. After further discussion, a committee led by Mr. Savko would review the needs of the neighborhood and make a recommendation to the HOA board. If additional street lights are recommended, homeowners in the affected areas would be consulted.
Fourth, repairing the front entrance (electrical and landscaping) was discussed. Quotes received were $2 to $3,000 to repair the electrical needs and $7,500 to $9,600 for landscaping. The board thought these quotes were too high and asked for volunteers to take on this project and help find more reasonable quotes. Mr. Miller volunteered to lead the committee and other homeowners volunteered to assist. Fifth, stops signs were in such bad condition, many were pink or even white and all were badly faded and cracking. Due to safety concerns, the board replaced them at a cost of just under $600. The new stop signs were installed by Mr. Muench to save on labor costs. The board has received numerous requests to repair or replace street signs. Estimates to replace all three phases ranged from $9 to $10,000. A motion was made by Mr. Owen to replace street signs in phase 1 in 2018, phase 2 in 2019 and phase 3 in 2020 and was seconded by Mr. Bell. A majority of designated voters supported this plan. Mr. Muench then asked if there was any other new business. A homeowner requested that the HOA board provide street cleaning at the end of winter to eliminate coal cinders left behind from the county roads department. After further discussion, a majority of designated voters rejected this request. A homeowner requested the HOA board look into adding speed humps to the neighborhood to slow down traffic. Mr. Muench reminded the homeowners that we live on county roads and due to snow removal efforts, speed humps would likely not be approved by the county roads department. Furthermore, there are safety concerns with adding speed humps as they significantly slow down law enforcement, fire department vehicles and ambulances who are responding to emergencies. Based on discussions, there was a lack of interest in this idea so the matter was not voted on. Mr. Muench encouraged homeowners to ask their visitors to follow the posted speed limit of 25 mph. If you see school buses or pizza delivery driving too fast, don’t hesitate to contact the school transportation department or Papa Johns to complain. There being no further questions or discussion, the meeting was adjourned. Respectfully submitted, Derrick S. Singletary HOA Board Secretary
Starting balance 01/01/2018 4,057.89$
INCOME:HOA Dues Collected (140 homes x $200; one home delinquent) 27,800.00$ Late interest charges 2.50$
27,802.50$ EXPENSES:Salt River Electric (pole maintenance plus electricity) (10,052.01)$ Legal fees / state and federal filings (4,666.25)$ Front entrance maintenance (landscaping, electrical repairs, drainage repairs) (1,872.72)$ Replace all stop signs (587.00)$ Mowing common areas (558.90)$ Printing / paper and envelopes / postage / PO box rental (555.50)$ Tax preparation (federal and state) (200.00)$
(18,492.38)$
Net income / (expense) 9,310.12$
Ending balance 12/31/18 13,368.01$
Gobel Crossings HOA, Inc.2018 Income and Exense Report
Balance as of 1/1/2019 13,368.01$
2019 INCOME:HOA Dues Collected (144 homes x $200; one home delinquent) 28,600$
2019 EXPENSES:Salt River Electric (street light pole maintenance plus electricity) (10,500)$ Legal fees to enforce restrictions, non-payment of fees, revisions to legal docs (5,000)$ Front entrance maintenance (mulch, weeding, replacing plants, etc.) (1,800)$ Insurance for HOA (3,359)$ Mowing common areas (600)$ Accounting software (e.g., Quickbooks) (300)$ Tax preparation fees (federal and state) and annual state fees (200)$ Holiday decorations at entrances (200)$ HOA newsletter (3 per year) (504)$ Mailing - annual assessment invoice (170)$ Mailing / printing - annual meeting (250)$ Other mailings (e.g., restriction violations, late notices) and PO box rental (200)$
(23,083)$
Remaining for special projects and/or reserves 18,885$
Special projects approved at 2018 annual meeting to be paid in 2019:Replace street signs and stop sign posts in phases 1 and 2 (7,360.00)$ Proposed "unplanned / emergency" reserves (10,000.00)$ Remaining available for new 2019 special projects 1,525.48$
Suggestions received:Paint all street light posts
Reminder: Phase 3 street signs will be replaced in 2020 (approved at 2018 annual meeting)
Gobel Crossings HOA, Inc.2019 Operating Budget (excludes special projects)
In odd-numbered years, Homeowners elect four board members for a two-year term. In even-numbered years, Homeowners elect three board members. The HOA Board is excited to announce five homeowners have been nominated for the April 2019 – March 2021 term. We asked each candidate to provide a brief bio and reason for volunteering on the HOA board. First, we want to remember former board member (volunteered Oct. 2015 – March 2018), Joe Miller, who passed away in February. Our sincerest condolences to his wife, Debbie. Second, we’d like to thank Mickey Owen for his service on the board from Oct. 2015 – March 2019. He has chosen not to seek re-election. Mickey was a founding board member (HOA was formed in January 2016 after being elected in October 2015) and provided great ideas and support to the HOA. Board members remaining (terms March 2018 – March 2020): Eric Cicogna (treasurer); Scott Johnson; and Russell Miller. Candidates for 2019 - 2021 (alphabetical order): Woody Connor: I have been honored to volunteer as president of the HOA Board the last year and have served on the board since it was formed January 2016. My wife Penny, son Spencer and I have lived in Goebel Crossings over 11 years. I have enjoyed meeting and working with all the great neighbors that have volunteered on the HOA Board. I hope we can continue to keep Goebel Crossing the best in Spencer County.
Hyebin Dahl: I have lived in Goebel Crossings with my husband Matt, cat Kernel, and two dogs, Jax and London, since June 2018. We moved here from the Bay Area in California. I received a B.A. from UC Berkeley and a M.A. in Elementary Education from Stanford University. At my former school in San Rafael, CA, I served as a team lead for the 2nd grade team, overseeing curriculum development, facilitating communication, planning activities, and mapping out projects for both her fellow teachers and their students. I enjoy teaching elementary age children, especially in reading and writing, long walks with my dogs, baking and cooking. This is our first home – our dream house we have always hoped for; as a result, we take great pride in being a part of the Goebel Crossings community.
Monica Dunlap: Monica Dunlap is the current VP of the HOA. Proud wife and mother of 3 young boys. Been a member of the board the past 2 years. I helped design the current Goebel Crossings Website. I have been a residential Real estate agent for 4 years and previously a district manager for Cracker Barrel with a B.S degree from UofL in Business. I bring my skills, my passion and my knowledge of real estate and my experience of running and managing businesses to our HOA. I will continue to work hard to uphold and increase our neighborhoods value and work in the best interest of our subdivision.
Goebel Crossings HOA Board Candidates
April 2019 – March 2021
Linda Goins: I am a Louisville native, but my roots are in Spencer County. My great-grandparents are buried in Mt. Eden and the old family farm in VanBuren is now at the bottom of the lake. After graduating from the University of Louisville, I worked for over 35 years as a teacher, counselor, and school administrator in both Louisville and Phoenix. I have lived in Goebel Crossings since 2015 and enjoy the peaceful, beautiful environment that one can have in a rural area. I would be honored to serve on the Board and contribute to maintaining the high quality and way of life in our subdivision. Derrick Singletary: I have enjoyed volunteering on the HOA Board as your secretary the last three years. My wife, Amanda, and I have loved Goebel Crossings since we moved here in 2013 with our seven children. We love the friendliness of our neighbors and the peacefulness and safety of our neighborhood. I complete the annual audit of our financials, ensure we have internal controls in place to protect the HOA’s assets, prepare various reports, prepare mailings to the HOA board and Homeowners, and ensure our federal and state reports and tax returns are filed accurately and timely. Goebel Crossings is a great place to start a family, expand your family, or settle down after retirement. We are proud to live in Goebel Crossings. I am a certified public accountant (CPA) and oversee internal audit, physical security and risk management for a regional bank headquartered in Louisville and share that experience with the HOA board. I would appreciate your vote to volunteer in this capacity another two years.
Proposed changes to the Declaration of Restrictions
At the last meeting, we discussed making changes to the Restrictions as the Developer (Mr. Goebel) agreed to give more responsibilities to the HOA while Mr. Goebel will maintain control over certain building/structural decisions. Homeowners were encouraged to review the restrictions and provide feedback to the HOA Board regarding any other proposed changes. We received feedback from several residents.
The proposed changes are primarily: 1) changing some rights from the Developer to the homeowners; 2) making administrative changes (creating one document for all three sections); 3) ensuring all three sections have the same rules so Goebel Crossings neighborhood is uniform except for a few things that are intentionally different (e.g., roof pitch, square footage, etc.); 4) suggested changes based on best practices per our attorney; and 5) suggested changes proposed by homeowners. The entire document, with changes noted, is attached. Below is a summary and brief description of changes.
• Introduction section of the Restrictions – changes are administrative in nature. • 1D – no changes to homeowners; just combining existing requirements of sections 1, 2 and 3. • 1G – transferring responsibility from the Developer to the HOA. • 3A – expanded to say lot owners need to keep driveway properly maintained. • 3C – requires both Developer and HOA Board to approve instead of just Developer. • 4A – no changes to homeowners; just combining existing requirements of sections 1, 2 and 3. • 4B – adding language from sections 2 and 3 so all sections are uniform. • 5B – transferring responsibility from the Developer to the HOA. Adding language from sections 2
and 3 so all sections are uniform. • 6C - Adding language from sections 2 and 3 so all sections are uniform and adding “street.” • 6D – administrative change to better define an inoperable car. • 6E – Adding language from sections 2 and 3 so all sections are uniform. • 6F – Removing 24 hour limit as sometimes there is a legitimate reason to park for more than 24
hours (visitors from out of town); however, proposed that parking on the street daily or habitually is not permitted.
• 6G – administrative change to define a commercial vehicle. • 7A – Adding language from sections 2 and 3 so all sections are uniform. • 7B – no change to homeowners; administrative change adding an existing amendment to the
primary document. • 8A – administrative change removing repetitive language already addressed in 6D. • 8B – added to specifically allow dumpsters, on a temporary basis, as the HOA Board sometimes
gets complaints about dumpsters. Note: More than 30 days will be permitted for major home improvements / renovations.
• 8D – added at the request of a few homeowners. • 8E – added as a best practice. • 8F – added at the request of homeowners that playsets and trampolines be in the backyard • 9A – administrative changes only • 10A – used sections 2’s and 3’s requirements on new fences so there is uniformity. Added that
invisible fences are permitted but must follow the same requirements as other fences.
• 10B – changing responsibility from Developer to HOA and adding an existing amendment that prohibits above-ground pools. Note: There is one above-ground pool that is grandfathered.
• 10C & D - Best practice is to add restrictions on decks (our attorney shared stories of people painting decks colors like hot pink or florescent green or orange).
• 11A – Making consistent with sections 2 and 3 (pets must remain in the backyard). • 11C - changing responsibility from Developer to homeowners. • 13B – administrative change. • 14A - changing responsibility from Developer to homeowners. • 16A – was initially written saying we have to landscape our new lot; expanding to say
homeowners must continue to keep landscaping neat. • 16B – administrative change only applies to newly built homes. Section 1 says $500; sections 2
and 3 say $1000. Changed to agree with sections 2 and 3. • 16C – recommendation from a homeowner that vegetable and fruit gardens must be in the
backyard and 10 feet from property boundary. • 17 – added as a best practice recommendation and applies only to rental properties. • 18A – changes responsibility from Developer to homeowners. • 18B – already in our street maintenance agreement, but a best practice to add here giving the
HOA board the ability to enforce restriction violations without going to court (very costly) by fining for repeated violations. Note: HOA Board will mail two warnings before charging a fine.
• 18C – moved language with minor changes from existing street maintenance agreement and combined with previous 18D.
• 18E – removed as this responsibility will now belong to a majority of all homeowners per amended 18A.
• 19A – administrative changes only. • 19B – administrative changes better defining purpose of HOA. • 19C – better defines steps taken when a homeowner doesn’t pay annual dues / assessments. • 19D – HOA board will set annual assessment based on the annual budget. Any change by more
than 10% requires approval from a majority of homeowners in attendance at a meeting. • 19E – no exemptions from paying assessments (ensures fairness and no favoritism). • 19F – moving language from street maintenance agreement to this document and lowered
annual interest charges of 18% to 12% to be more reasonable. • 19G – added language from bylaws to here as this should be in restrictions. • 19H – added as a best practice if HOA decides to outsource administrative functions.
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AMENDED AND RESTATED DECLARATION OR RESTRICTIONS
GOEBEL CROSSINGS FOR , SECTION ONE, SECTION TWO AND PHASE THREE
PLAT CABINET 3, SLIDE 6
THIS AMENDED AND RESTATED DECLARATION made and entered into on this
_________ day of ____________, 2019, by GOEBEL CROSSINGS HOMEOWNERS
ASSOCIATION, INC., a Kentucky non-profit corporation, hereinafter referred to as
“Association”, the current mailing address of which is P.O. Box 127, Taylorsville, Kentucky
40071, and Goebel Crossings, LLC, hereinafter referred to as “Developer”.
WITNESSETH:
WHEREAS, Goebel Crossings, LLC, was the original owner and Developer of the real
property described in a deed dated January 31, 2000, of record in Deed Book 145, Page 118,
being Goebel Crossings, Section One, as shown on a plat of record in Plat Cabinet 3, Slide 6; in
real property described in a deed dated November 17, 2003, of record in Deed Book 180, Page
385, being Goebel Crossings, Section Two, as shown on plat of record in Plat Cabinet 3, Slide
313; and in real property described in a deed dated August 2, 2005, of record in Deed Book 196,
Page 454, being Goebel Crossings, Phase Three, as shown on a plat of record in Plat Cabinet 4,
Slide 81 all in the Spencer County Clerk’s Office ; and
WHEREAS, in the beneficial interest of the Developer and lot owners of such real
property, Developer filed the Declaration of Restrictions Goebel Crossings, Section One filed in
Deed Book 145, Page 121, the Declaration of Restrictions Goebel Crossings, Section Two, filed
in Deed Book 179, Page 556, the Declaration of Restrictions Goebel Crossings, Phase Three
filed in Deed Book 196, Page 458 and the Amended Declaration of Restrictions Goebel
Crossings, Section One, Two and Phase Three in Deed Book 271, Page 686, all in the Spencer
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County Clerk’s Office, to subject such real property and subdivision lots described therein to,
and impose upon the present and future owners thereof, their heirs, personal representatives,
successors and assigns, certain easements, restrictions, conditions, limitations, reservations,
development, improvement, and maintenance of the aforesaid real property, and in order to
prevent certain uses and modifications thereof which might tend to diminish the value or be
detrimental to its future development and maintenance; and,
WHEREAS, Developer also incorporated, under the laws of the Commonwealth of
Kentucky, a non-profit corporation known as Goebel Crossings Homeowners Association, Inc.,
for the purpose of maintaining and administering the common areas and facilities, administering
and enforcing the provisions of this Declaration, and collecting and disbursing assessments and
charges as hereinafter provided; and,
NOW THEREFORE, the Association hereby declares that the real property
aforementioned, located in Spencer County, Kentucky, and such additions thereto as may
hereafter be added as permitted herein, is and shall be held, transferred, sold, conveyed, occupied
and used, subject to the following Amended and Restated Declaration of Easements, Covenants,
and Restrictions for Goebel Crossings (hereafter the “Restated Declaration”), with said
protective easement, restrictions, conditions, limitations, reservations, covenants, obligations,
and agreements, each and all of which are hereby declared to be covenants running with the land
and which document shall replace in their entirety the Declarations and Amended Declaration as
previously filed and referred to above:
NOW, THEREFORE, by agreement and signatures below of the Association, the requisite
majority of the individual Lot Owners, and the Developer, this Amended and Restated Declaration
shall replace in their entirety, the previously filed Declarations for each section and all supplements
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or amendments thereto, in the office of the County Clerk aforesaid. All references to Developer
approvals, shall include any entity or the Association to which it may assign said rights.
THIS DECLARATION OF RESTRICTIONS made and entered this ____ day of
September, 2018, by and between GOEBEL CROSSINGS, LLC, a Kentucky limited liability
company, developer and owner (the “Developer”), 344 Highview Drive, Taylorsville, Kentucky
40071, of the real property described in a deed dated January 31, 2000, of record in Deed Book
145, Page 118, being Goebel Crossings, Section One as shown on plat of record in Plat Cabinet
3, Slide 6 both in the Spencer County Court Clerk’s Office.
WITNESSETH:
WHEREAS, the Developer is the owner of all lots as shown on the plat of GOEBEL
CROSSINGS, SECTION ONE, which plat is recorded in Plat Cabinet 3, Slide 6 in the Spencer
County Court Clerk’s Office; and
WHEREAS, the Developer desires to place the following restrictions on the use and
development of the subject property;
NOW THEREFORE, the following restrictions are imposed on all lots of GOEBEL
CROSSINGS, SECTION ONE, SECTION TWO AND PHASE THREE, plat of record in Plat
Cabinet 3, Slide 6 in the Office aforesaid:
1. PRIMARY USE AND RESTRICTIONS:
A. All lots shall be used exclusively for single family private residential purposes
only.
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B. Each lot shall contain no more than one (1) dwelling house and may contain one
unattached structure.
C. No building shall be erected, placed or altered on any lot until the building plans,
specifications and plot plans showing the location of building have been approved in writing by
the Developer as to the conformity and harmony of external design with existing structures in the
subdivision, and as to location of the building with respect to topography and finished ground
elevation. All builders must be approved by Developer in writing prior to construction.
D. In Section One, Tthe roof lines of all buildings on the lot must have a slope equal
to or greater than 6 to 12 unless otherwise approved in writing by Developer. In Sections Two
and Three, the roof lines of all buildings on the lot must have a slope equal to or greater than 8 to
12 unless otherwise approved in writing by Developer.
E. No building shall be constructed on any lot closer to the front lot line than the
minimum building set-back lines as shown on the recorded plat. No building may be located
nearer to the side lot lines or rear lot lines as shown on the recorded plat than fifteen (15) feet or
those limits prescribed by the Spencer County Zoning Regulations, whichever is a greater
distance from the subject lot line. Where two or more lots are adjoined for the purpose of the
erection of a single residence, set back provisions shall apply to the outside perimeter of the total
tract. Any deviations from this restriction must be approved in writing by the Developer.
F. No soil or fill of any nature shall be added to or removed from any lot to the
detriment of the adjoining lots. None of the existing natural or constructed drains may be
obstructed so that they would adversely affect other property owners.
G. No lots shall be sub-divided or diminished in size, and no passover road
easements shall be given without the Developer’s Association’s written approval. The Developer
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herein, however, reserves unto itself the right and privilege to diminish and/or increase the size
of said lots for the purpose of Passover road easements and for any other reason is sees fit.
H. At this time the adjoining property is zoned for agricultural use over which
Developer and Association haves no control.
2. BUILDING MATERIALS AND WINDOWS:
A. The exterior building material of all structures shall extend to ground level, unless
otherwise approved in writing by the Developer. Other types of materials may be used to cover
the foundation walls subject to the written approval and consent of the Developer prior to
construction.
B. The exterior of the residence must be brick or stone veneer or a combination of
same, unless written approval of the Developer is obtained prior to construction. Vinyl may be
used above the roof line only. Cantilevers are not permitted in the subdivision unless written
approval of the Developer is obtained prior to construction.
C. No aluminum single hung windows shall be permitted or installed in any structure
erected on any lot. Solid vinyl, aluminum clad woods windows and vinyl clad wood windows are
permitted in the subdivision.
3. DRIVEWAYS AND LAKES:
A. All driveways must be composed of blacktop, concrete or brick. Other materials
for driveways are not permitted in the subdivision unless the written approval of the Developer is
obtained prior to construction. Driveway must be completed within one (1) year of completion of
the construction of the residence, and must be properly maintained, repaired and replaced by the
lot owner.
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B. Where a culvert is required for necessary drainage, each lot owner, at his expense,
shall install, maintain, and keep open, such culvert to provide adequate drainage. A culvert must
be installed at the time the lot owner puts a driveway into his property. The diameter and
material of the culvert shall be approved by the Developer and shall be a minimum of twenty-
eight feet (28’) long by fifteen inches (15”) wide. A change in dimensions due to terrain or cul-
de-sac limitations must be approved by the county road engineer and the developer.
C. No lakes or ponds may be created in the subdivision unless the written approval
of the Developer and Association is obtained prior to construction.
4. MINIMUM FLOOR AREA AND GARAGES:
A. Dwelling houses erected on any lot must have an attached garage unless approved
in writing by Ddeveloper and shall contain the following minimum square feet of floor spaces:
For Section One:
a. One floor plan: 1,650 square feet, exclusive of open porches, garages, finished
basements, carports or breeze ways.
b. One and one-half story residences: 1,500 square feet on the ground floor, with a
minimum of 2,000 square feet, exclusive of any garage, carport, breeze way or porches.
c. Bi-level and two-story floor plan residences: 1,300 square feet on the main floor, with
a minimum of 2,600 square feet, exclusive of any garages, carport, breeze way or porches.
For Section Two:
a. One floor plan: 1,750 square feet, exclusive of open porches, garages, finished
basements, carports or breeze ways.
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b. One and one-half story residences: 1,600 square feet on the ground floor, with a
minimum of 2,200 square feet, exclusive of any garage, carport, breeze way or porches.
c. Bi-level and two story floor plan residences: 1,300 square feet on the main floor, with
a minimum of 2,600 square feet, exclusive of any garages, carport, breeze way or porches.
For Section Three:
a. One floor plan: 1,850 square feet, exclusive of open porches, garages, finished
basements, carports or breeze ways.
b. One and one-half story residences: 1,700 square feet on the ground floor, with a
minimum of 2,300 square feet, exclusive of any garage, carport, breeze way or porches.
c. Bi-level and two story floor plan residences: 1,300 square feet on the main floor, with
a minimum of 2,600 square feet, exclusive of any garages, carport, breeze way or porches.
B. All garages shall be attached to the principal residence unless agreed to otherwise
in writing by the Developer and shall be in conformity with the residence. Garage openings shall
open to the rear or side of the lot except on corner lots where the doors shall open to the rear only
unless otherwise approved in writing by the Developer.
All garages that are attached directly to the dwelling house on the lower level, shall
comply with the following restrictions: 1) The garage shall have an exterior matching the
dwelling house. 2) The garage shall not exceed 800 square feet. 3) The length of the garage shall
not exceed 1.5 times the width of the garage. 4) The garage shall have an entrance tot the
dwelling house through the lower level of the dwelling house.
5. CONSTRUCTION:
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A. The construction of any residence of any residence or outbuilding on any lot shall
be completed within twelve (12) months from the beginning date of said construction. Building
materials may be stored on a lot for a period of thirty (30) days prior to the start of construction.
The written consent of the Developer is required if a lot owner proposes to store building
materials for a period of time in excess of thirty (30) days. All building plans, specifications and
builders must be approved by the Developer prior to the commencement of construction.
B. A deposit of FIVE HUNDRED DOLLARS AND NO/100 ($500.00) must be
paid to Developer the Association at the closing of each lot to be held in escrow, to cover the
cost to repair damage to curbs alongside the lot during construction. If there is no damage to the
curb then the money will be returned to the original payor. No interest shall be paid on the
moneys held in escrow.
If there is damage to the curb, the lot owner shall take all necessary steps to repair the
damage, with the $500.00 held in escrow to be applied to the cost to repair the damage. If lot
owner takes no steps to repair the damage to the curb after written notice has been provided lot
owner, Developer or Association may repair the damage, apply the escrow deposit to the cost of
said repairs, and then take all action, both legal and equitable, to collect the amount owed,
including the filing of a mechanic’s lien against the lot owner’s property.
The Lot owner shall be responsible for the costs of collection due to non-payment of any
amounts due to Developer and/or Association, including but not limited to, court costs and a
reasonable attorney’s fee.
6. OTHER STRUCTURES AND VEHICLES:
A. No basement, barn, storage building, tent, shack, garage, trailer, mobile home,
modular home, recreational vehicle, outbuilding or temporary structure shall be used as a
9
residence or for residential purposes on any lot. No structure shall be moved onto any lot. No
structure of a temporary character shall be allowed in the subdivision except for temporary tool
sheds, field offices or sales offices used by Developer, which shall be removed when the
development is complete.
B. No trailer, pre-fabricated home, double-wide home, modular home, manufactured
home, manufactured housing or mobile home shall be used, erected, placed, altered or stored on
any lot, not to include recreational vehicles. No trailer court or trailer park may be allowed or
established on any lot located within the subdivision.
C. No trailer, truck, utility trailer, commercial vehicle, camper trailer, recreational
vehicle, equipment or boat shall be parked or kept on any street or lot at any time unless housed
in an enclosed garage or basement. .
D. No automobile or vehicle which is inoperable and/or has expired tags shall be
habitually or repeatedly parked or kept on any lot (except in a garage or outbuilding) or on any
street. An automobile or vehicle is deemed inoperable if it is not driven regularly or at least once
every fifteen (15) days, is unable to be driven forward and in reverse under its own power,
damaged or is missing required parts to be driven legally, or is unlicensed, uninsured or
unregistered.
E. No semi-tractors or semi-trailers shall be parked or stored anywhere or on any lot
or street within the subdivision.
F. No automobile or trailer, truck, commercial vehicle, camper trailer, recreational
vehicle, equipment, boat or other vehicle, except an automobile, shall be parked on any street in
the subdivision for a period in excess of twenty-four (24) hoursvehicle shall be parked either
daily or on a habitual basis, on any street within the subdivision. .
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G. For the purposes of this section a “commercial vehicle” shall include all vehicles,
semi-trucks (with or without trailer), and trucks with a federal classification of four (4) or above
on the attached chart marked Exhibit “A”.
H. Any basketball goal post installed on a lot must be located behind the building
limit as shown on the above-referenced plats for Goebel Crossings.
7. ADDITIONAL STRUCTURES:
A. If an outbuilding is constructed on any lot, construction and design as shown on
plans, must be approved in writing by Developer prior to construction. There shall only be one
additional unattached structure allowed per lot. The exterior of any unattached structure must be
of constructed of new materials and must be either siding, brick, or stone, and must be
constructedof the same materials as the residence and in conformity and harmony with existing
structures. All unattached structures must be kept in good repair. The front or part of the
structure facing the roadway of the unattached structure must mast the main dwelling house. The
maximum size of any unattached structure erected after the date of this Amended and Restated
Declaration is 6500 square feet.
B. A garage will be considered attached to the residence if it is connected by a
breezeway which is permanently attached to the residence, is fully enclosed, is served by a
central heat and air conditioning system and provides access to both the residence and the
garage. If the garage does not comply with these requirements then it shall be considered a
separate outbuilding and must comply with the provisions of Paragraph 7.A.
8. NUISANCES:
A. No noxious of offensive trade or activity shall be permitted on said lots, not shall
anything be done thereon which is or may become an annoyance or nuisance to other owners. No
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inoperable cars, trucks, tractors or any other inoperable vehicles are allowed on any lot in the
subdivision, except in enclosed structures where the same shall not be visible to adjoining
property owners or from the roadways.
B. No dumpsters, equipment or building supplies, semi-tractors or semi-trailers shall
be parked or stored anywhere or on any lot within the subdivision, except that a lot owner may
place one dumpster and building supplies behind the front building limit for up to thirty (30)
days per calendar year for home improvement project(s). . No automobile or vehicle shall be
continuously or habitually parked on any street or public right of way in the subdivision.
CB. No trade or business of any kind (and no practice of medicine, law, beauty shop,
dentistry, chiropody, osteopathy and other like endeavors) shall be conducted on any lot,
especially any business that would require a conditional use permit from the Taylorsville-
Spencer County Joint Planning and Zoning Commission, nor shall anything be done thereon
which may become an annoyance or nuisance to the subdivision. No activity or signs shall be
used to indicate that a business is being conducted on the property, including, bot not limited to,
the use of excessive parking spaces, daily deliveries of inventory or packages and advertising.
Notwithstanding the provisions hereof, a new house may be used by a builder thereof as a model
home for display or for the builder’s own office provided said use terminates within eighteen
(18) months from completion of the house or at the expiration of such additional period of time
as may be expressed agreed to in writing by the Developer..
D. Holiday decorations may only be erected on the lot thirty (30) days prior to each
holiday and must be removed within thirty (30) days after the date of said holiday.
E. Solicitation within the subdivision shall be strictly prohibited.
F. Playsets and trampolines must remain in the backyard.
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9. SIGNS:
A. No permanent or temporary signs are to be attached to or placed upon any lot
except the owners’ name plate, and/or house number and for sale/rent signss. No commercial
advertising shall be permitted, with exception of Realtor-signs. The Developer herein, however,
reserves unto itself the right and privilege to erect or place a sign or signs upon any of said lots
owned by it for the purpose of promoting sale of said lots and at the entrance to the subdivision
until all lots are sold.
10. FENCES AND DECKS:
A. All fences must be properly maintained and approved. Fence shall be constructed
of the following materials and specifications. All fences shall All fences must be hedge, board
fencethree or four board, white or black vinyl or black chain link. In addition to the
aforementioned described fences, invisible fences shall also be allowed No fences shall be
installed without the prior written consent of the Association. No chain link fence is allowed
from the back line of the house forward. No barbed wire fences are allowed in the subdivision.
Woven wire fence is allowed only around existing boundaries and ponds. All fences must be
constructed of new materials. All fences shall be located behind the rear building limit of the lot
or the rear building limit of the adjacent properties. No fence shall be greater in height than six
feet (6’).
or chain link fence. No chain link fence is allowed from the back of the house forward. No
barbed wire fences are allowed in the subdivision. Woven wire fence is allowed only around
existing boundaries and ponds. All fences must be constructed of new materials. All fences shall
be located behind the rear building limit of the lot or the rear building limit of the adjacent
properties. No fence shall be greater in height than six feet (6’).
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B. Any homeowner that installs an inground swimming pool on their lot must obtain
the Association’s written approval prior to construction and fence the pool in compliance with
local and state statutes, regulations and ordinances.. From this date forward, all above ground
pools shall be strictly prohibited.
C. All decks must be approved in writing by the Association prior to construction
beginning.
D. All stains and/or paint for any deck and/or fence shall be approved in writing by
the Association prior to application. Only traditional wood stains, black paint or white paint
shall be permitted.
11. ANIMALS AND PETS:
A. No animals, poultry or other livestock shall be kept on any of the property, except
household pets. No pens or kennels shall be permitted for commercial or breeding purposes. No
pet may be allowed to become a nuisance to the other lot owners. Dogs shall remain under the
control of their owners and in compliance with the local regulations and ordinances. No horses
are allowed in the subdivision. The maximum number of dogs per yard shall be two (2). Said
household pets must remain in the backyard of the residence.
12. SEWAGE AND TRASH:
A. Individual sewage disposal systems shall be located and constructed in
accordance with the requirements, standards and recommendations of the State Board of Health.
Approval of such systems as installed shall be obtained from such authority.
B. The real estate shall not be used or maintained as a dumping ground for rubbish,
etc. Trash, garbage or other waste shall not be kept except in sanitary containers. All equipment
for the storage or disposal of such material shall be kept in a clean and sanitary condition. No
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burning of rubbish or trash is allowed, except when clearing lot. Fire or barbecue pits may be
constructed for recreational use.
C. A lot owner shall keep his lot free and clear of all weeds and trash, and generally
keep it neat and attractive in appearance. Prior to beginning construction, lLot owners shall
ensure that the grass level does not exceed six (6) inches in height. Should any lot owner fail to
keep his lot neat and attractive, and free and clear of all weeds and trash, Developer the
Association may take such action as it deems appropriate, including mowing the grass, to make
the lot neat and attractive. The lot owner shall immediately upon demand reimburse Developer
the Association for its costs incurred in taking such action, including all reasonable attorney fees
incurred. A lien for any such work shall be placed upon the property to secure payment to the
DeveloperAssociation. Owners shall maintain the portion of the right of way adjacent to their lot.
13. UTILITIES:
A. Any tank used to store heating fuel must meet all federal, state and local
environmental statutes and regulations. Propane tanks must be buried. All utility connections
servicing a residence or outbuilding must be placed underground.
B. All lots are subject to utility easements filed in the as shown on the plat of record
in Plat Cabinet 3, Slide 6 in the Spencer County Court Clerk’s Office. Developer reserves unto
itself the sole right to grant consents for the construction and operation of said utilities along all
boundary lines.
14. MAIL AND PAPER BOXES:
A. The Developer Association shall establish a plan for the installation of uniform
mail and paper boxes. The boxes shall be supplied and erected by the Developer Association
upon completion of the construction of the single-family residence at Lot Owner’s expense. Each
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lot owner shall be responsible for the maintenance and repair of the boxes and shall replace
same, at the lot owner’s cost if damaged, or destroyed or aged.
B. Address stones must be installed on the dwelling during the time of construction
by the Lot Owner at Lot Owner’s expense for 911 purposes.
15. ANTENNAS AND SATELLITES:
A. Only small TV Satellite systems having a diameter of twenty-four inches (24”) or
less are allowed in the subdivision and must be located behind the residence or attached to the
side or rear of the residence in such a manner that it cannot be seen from the road. No antennas
are permitted on the exterior of any building. No shortwave radio towers are allowed in the
subdivision.
16. LANDSCAPING:
A. A written landscape plan shall be submitted to the Developer for its approval.
This plan shall show the location of each tree, shrub and other plantings with regard to the
building on the lot. Each landscape plan shall have a minimum of two (2) six-foot deciduous
trees with a minimum diameter of 1” to 1-1/4”, on the front yard an in the case of a corner lot,
two additional trees of at least the same side on the side facing the street. The yard shall be
graded away from the building, seeded, strawed or sodded. Landscaping set forth in the approved
plan must be completed within one (1) year of the start of construction. The homeowner must
continue to invest in landscaping, by keeping the landscaping neat and maintained.
B. A minimum investment of FIVE HUNDREDONE THOUSAND DOLLARS
AND NO/100 ($51,000.00) in landscaping must be made for the front and side yards of the
residence.
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C. No vegetable and/or fruit gardens may be planted and/or
maintained, unless located behind the rear of the residence and at least ten (10)
feet away from any boundary of the lot.
CD. No clotheslines shall be allowed on any lot in the
subdivision.
17. RENTING/LEASING:
A. Short term rentals/leases shall be prohibited. Short term rentals/leases are defined
as any rental/lease for a term of less than one (1) year. All rental/lease agreements must contain
language that the tenant is bound by and will abide by all Association Restrictions, By-Laws and
rules and regulations. Owners must submit all proposed rental/lease agreements to the Board for
their written approval prior to the inception of the lease, and must provide contact information for
each tenant. Should contact information change for any tenant or owner then the owner shall
immediately provide updated information within ten (10) days of the change.
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1718. MISCELLANEOUS PROVISIONS:
A. These covenants shall run with the land and shall be binding on all parties and all
persons claiming under them for a period of thirty (30) years from the date these covenants are
recorded, after which time said covenants shall be automatically extended for successive periods
of ten (10) years, unless an instrument signed by a majority (fifty one percent) of the then owners
of the lots has been recorded, agreeing to change said covenants in whole or in part.
B. The provisions of this Restated Declaration, and rules and regulations of
the Association, as the same may be from time to time amended, shall be enforceable by the
Association, which shall have the right, in common with each owner of any lot(s) to individually
and/or collectively enforce the same, pursuant to the provisions hereof. Enforcement of the
provisions of this Restated Declaration, the Articles of Incorporation and/or By-Laws of the
Association, or rules and regulations promulgated by the Board, may be by proceeding at law or
in equity against any person or persons violating or attempting to violate the same, either to
enjoin, restrain, abate, and/or remedy such violation, to recover damages, and/or to enforce any
lien created by these covenants; and, failure by the Association, or any Owner to enforce any of
the same shall in no event de deemed a waiver of the right to do so thereafter, which right(s)
shall continue undiminished in any manner. In addition to the aforementioned remedies, the
Association shall have a right to levy a reasonable fine for any violation of this Restated
Declaration, the By-Laws or rules and regulations promulgated by the Board. In the event the
Association levies any fine under this paragraph, the fine shall be immediately due and payable
and shall be treated in all respects as assessments, including any and all lien rights.
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C. The Association shall be entitled to recover from the lot owner its costs and
reasonable attorney fees incurred because of an alleged failure of the lot owner to comply with the
terms of this Restated Declaration, its By-Laws and/or rules and regulations, as they may be
amended for time to time.
D.Enforcement shall be by proceeding at law or in equity against any person or persons
violating or attempting to violate any covenants either to restrain violation or to recover
damages, which action or actions shall be brought by any person or persons or corporations
owning real property situated in said subdivision.
C. Developer may, but is not required, to enforce the terms and conditions of
these restrictions.
D. Invalidation of any one of these covenants by judgement or court
action or order shall in no way affect any of the other provisions herein which shall remain in full
force and effect.
E. Developer reserves the right to change any restriction set forth herein except for
the paragraph 4 by executing and recording an amendment therein in the Spencer County Clerk
Office.
189. HOMEOWNERS ASSOCIATION:
A. The name of the Association is Goebel Crossings Homeowners Association, Inc.
There shall be established a Homeowners Association and each owner of a lot in the Goebel
Crossings subdivision shall be a member of the association and by acceptance of the deed for any
lot agrees to accept membership and shall abide by the by the aAssociation bylaws and, rules and
19
regulations; and shall pay the annual assessment provided for, when due and shall comply with
all decisions of the associations Board of Directors.
B. The purpose of the Aassociation shall be to promote the social welfare and serve
the common good and general welfare of the members; and shall include unless such obligations
are otherwise assumed by a municipal or governmental agency having jurisdiction thereof, the
maintenance and repair of any open spaces or common areas, crosswalks, common storm drains,
and basins, fences, street lights, street signs, traffic signs and entrances as may be shown on the
plat of said subdivision.
C. Any assessments or fines levied shall be the personal obligation of the lot owner
and shall be used only for the purposes herein defines; and shall constitute a lien, which lien shall
include all assessments, fines, late fees, interest, costs and reasonable attorney fees, upon the lot
and improvements against which each such assessment is made and may be foreclosed upon in
the same manner as a mortgage.. 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 lot owner.
D. The initial annual assessment for each lot shall be the sum of $1200.00 per year,
which will be due and payable on or before the 1st day of January of each year. The Board shall
have the right to determine the amount of each future annual assessment, but any increase greater
than 10% of the prior year’s annual assessment must, be approved by a vote of a majority of lot
owners at a duly called meeting. Should the annual assessment be insufficient to cover the
Association’s operating expenses then the Board may call a meeting and propose a special
assessment to the lot owners. Provided the requisite quorum meeting requirements contained in
the Bylaws are met, then any special assessment must be passed by a majority of persons
attending said meeting, either in person or by proxy.
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E. No lot owner shall be exempt from paying any assessment that is levied against
the lot.
FE. Any assessment or fine not paid by its due date shall be subject to late fees, as
determined by the Board, and late interest at a rate of 12% per annum until paid. All expenses of
collection of past due assessments and fees, including reasonable attorney’s fees and court costs,
shall be the responsibility of the delinquent lot owner.
Upon the sole decision of the Developer, it shall appoint a committee of seven (7) who shall take
charge of the Association; and operate said Association pursuant to the Bylaws established by
the newly formed committee.
FG. Each home located in the subdivision shall be entitled to one vote (i.e.
should an owner own multiple lots it shall only have one vote per dwelling, not one vote per lot).
If a lot owner is more than thirty (30) days delinquent on paying any assessment and/or fine, or
has any pending violation of the Restated Declaration or rules and regulations that has exceeded
thirty (30) days after written notice of the violation, then said lot owner shall not be entitled to
vote on any association matters until the delinquency and/or violation has been paid or resolved.
GH. The Association acting by and through the Board, may employ a professional
manager to handle the operation of the subdivision under the direction of and subject to the
approval of the Board, provided the management agreement must be terminable for cause upon
thirty (30) days’ notice, and can only be for a contract term from one to three years. Any
management contracts negotiated by the Board may be renewable by consent of the Board and
management.The assessment set herein shall be modified by a vote of 75% of the lot owners at
any regular meeting of the association.
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IN WITHNESS WHEREOF, Goebel Crossings Homeowners Association, Inc. has
caused this Amended and Restated Declaration to be executed by the Developer and a duly
authorized Officer of the Association on this day and year first above written, and said Officer
affirming that the attached signatures constitute a majority of lot owners agreeing to this
Amended and Restated Declaration.
GOEBEL CROSSINGS, LLC
By: _______________________ Its: ______________ COMMONWEALTH OF KENTUCKY ) ) SS: COUNTY OF SPENCER ) Subscribed, sworn to and acknowledged before me this ____ day of ___________, 2019 by ________________________, as _____________of Goebel Crossings, LLC
.
My Commission Expires: ______________ ____________________________________ NOTARY PUBLIC
22
GOEBEL CROSSINGS HOMEOWNERS ASSOCIATION, INC.
By: ________________________________ Its: Secretary
COMMONWEALTH OF KENTUCKY ) ) SS: COUNTY OF SPENCER ) Subscribed, sworn to and acknowledged before me this ____ day of ___________, 2019 by ________________________, as Secretary of Goebel Crossings Homeowners Association, Inc.
My Commission Expires: ______________ ____________________________________ NOTARY PUBLIC
This Instrument Prepared By:
___________________________ RICHARD V. HORNUNG Hebel & Hornung, P.S.C. 6511 Glenridge Park Place #1 Louisville, Kentucky 40222 (502) 429-9790
H. The developer is not relinquishing any rights to modify or amended the restrictions or any
other developers rights contained in the Restrictions of Goebel Crossings.
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Exhibit “A”
Federal Highway Administration vehicle classification definitions.
Class Group Class Definition Class Includes
Number of Axles
1 Motorcycles Motorcycles 2
2 Passenger Cars All cars
Cars with one-axle trailers
Cars with two-axle trailers
2, 3, or 4
3 Other Two-Axle Four-Tire Single-Unit Vehicles
Pick-ups and vans
Pick-ups and vans with one- and two- axle trailers
2, 3, or 4
4 Buses Two- and three-axle buses 2 or 3
5 Two-Axle, Six-Tire, Single-Unit Trucks
Two-axle trucks 2
6 Three-Axle Single-Unit Trucks
Three-axle trucks
Three-axle tractors without trailers
3
7 Four or More Axle Single-Unit Trucks
Four-, five-, six- and seven-axle single-unit trucks
4 or more
8 Four or Fewer Axle Single-Trailer Trucks
Two-axle trucks pulling one- and two-axle trailers
Two-axle tractors pulling one- and two-axle trailers
Three-axle tractors pulling one-axle trailers
3 or 4
9 Five-Axle Single-Trailer Trucks
Two-axle tractors pulling three-axle trailers
Three-axle tractors pulling two-axle trailers
Three-axle trucks pulling two-axle trailers
5
10 Six or More Axle Single-Trailer Trucks
Multiple configurations 6 or more
11 Five or Fewer Axle Multi-Trailer Trucks
Multiple configurations 4 or 5
12 Six-Axle Multi-Trailer Trucks
Multiple configurations 6
28
Class Group Class Definition Class Includes
Number of Axles
13 Seven or More Axle Multi-Trailer Trucks
Multiple configurations 7 or more
14 Unused ---- ----
15 Unclassified Vehicle Multiple configurations 2 or more
IN TESTIMONY WHEREOF witness the signature of the first party this _______ day of September, 2018.