Summerfield Phase IV Deed Restrictions [Return]

BEN W. Hale, Jr., TRUSTEE, of Columbus, Ohio, for a valuable consideration paid, grants to DOLLAR LAND DEVELOPMENT CORPORATION, a corporation organized and existing under the laws of the State of Ohio, having a principal place of business in the City of Columbus, County of Franklin, and State of Ohio, whose tax mailing address is One East Gay Street, Columbus, Ohio, the following real property situated in the County of Fairfield, in the State of Ohio and in the Township of Violet, and bounded and described as follows:

Being lots numbered 233 throuch 336, both numbers inclusive, of Summerfield Number 4, as the same are numbered and delineated upon the recorded plat thereof, of record in File Cabinet No. 1, Slot 16, Plat Cabinet Records of Fairfield County, Ohio.

Prior Instrument Reference: File no. _______________________.

This conveyance is subject to (1) the lien of any installments of real estate taxes and assessments, if any, not due and payable as of the date hereof and (2) legal highways, mortgages, restrictions, easements, conditions and reservations of record.

Further, this grant is subject to the following provisions requirements, terms, conditions, restrictions, agreements, covenants, obligations and charges, as follows:

  1. Except as hereinafter provided in Item 2, these covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from and after 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 of the then owners of the lots under said restrictions have been recorded, agreeing to change said covenants in whole or in part.
  2. 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.
  3. Invalidation of any one of these covenants by judgement or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
  4. None of the lots herein conveyed and made subject to these restrictive covenants may be used except for residential purposes. No building shall be erected, placed or permitted to remain on any lot other than one detached single-family dwelling, not exceeding two and one-half (2 1/2) stories in height, with an attached garage for not less than two (2) cars and not more than three (3) cars. No detached outbuilding, garage or above ground swimming pool may premised [sic] herein described.
  5. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the "Architectural Control Committee" as to quality of workmanship and marterials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to the street than the front wall of the house constructed on said lot unless similarly approved. Approval shall be as provided hereinafter. Architectural Control Committee shall be appointed by the Grantee. A majority of the Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. The Committee's approval or disapproval as required in these covenants shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.
  6. No house may be constructed on any lot with a garage of minimum dimensions of less than twenty (20) feet by twenty (20) feet.
  7. The ground floor area of the main structure, exclusive of open porches or garages, shall have a minimum livable floor area of sixteen hundred (1600) square feet for a one-story house. The ground floor area of any one and one-half (1 1/2) story house, exclusive of open porches or garages, shall have a minimum livable floor area of sixteen hundred (1600) square feet. Any two (2) story house, exclusive of open porches or garages, shall have a minimum livable floor area of nineteen hundred (1900) square feet. Any split-level house, exclusive of open porches or garages, shall have a minimum livable floor area of eighteen hundred (1800) square feet on the total floor area excluding 4th level basement area. The upper level floor area of any bi-level house, exclusive of open porches and garages, shall have a minimum livable floor area of thirteen hundred (1300) square feet.
  8. No building shall be located on any lot nearer than fifty (50) feet to the front of the lot line, except that this building line requirement may be modified by the Architectural Control Committee and appropriate governmental authorities, if applicable. No building shall be located nearer than fifteen (15) feet to an interior lot line.
  9. No lot shall hereafter be subdivided into additional lots.
  10. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.
  11. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
  12. No structure of a temporary character, trailer, basement, tent, shack or garage shall be used on any lot at anytime as a residence either temporarily or permanently. Any garage shall be constructed at the same time or subsequent to the construction of the house it is intended to serve.
  13. No owner, part owner, member of family or agent or employee of owner or part owner of any lot in this subdivision shall park any vehicle, except a passenger vehicle, on any street or lot in said subdivision for a period of more than two consecutive days where said vehicle is in view or can be seen from any street or other lot in this subdivision.
  14. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than five square feet advertising the property for sale, except a sign used by a builder to advertise the property during the construction and sales period.
  15. No animals or livestock of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose.
  16. No lot shall be used or maintained as a dumping ground for rubbish. All houses constructed on said premises shall be equipped with an electrically operated garbage disposal connected with and drained into the sanitary sewer serving the same. No outside incinerators or trash burners shall be installed or operated.
  17. No individual water supply system shall be permitted on any lot unless such system is located, constructed and equipped in accordance with the requirements, standards and recommendation of the public health authority having jurisdiction. Approval of such system as installed shall be obtained from such authority.
  18. No building materials shall be stored on any lot for a period of more than thirty (30) days prior to the commencement of an improvement or for more than fifteen (15) days after said improvement has been completed. All improvements to any lot shall be completed within a reasonable time, but said construction period shall in no event exceed six (6) months.
  19. Each house is to have a driveway with either asphalt or concrete surface.
  20. All driveway approaches from the street to the front lot line shall be installed prior to commencement of construciton of, or excavation for, the dwelling with a minimum culvert pipe size of 12" and larger where deemed necessary; further it is owner's responsibility to have culvert pipe on grade plan level to unsure proper drainage of water.
  21. No fence nor any portion of any fence of any type shall be erected or placed on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In addition, no fence, wall hedge or shrub planting which obstructs sight elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the trianglular area formed by the street property line and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. These same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of the street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Before erection, all fences must be approved by the Architectural Control Committee.
  22. Storm water drainage, under each driveway approach shall be provided by reinforced concrete tile or steel pipe at least twenty (20) feet in length and of a diameter referred to in Item 20.
  23. No commercial vehicles, camper or vacation vehicles or boats, construction, or like equipment, or mobile or stationary trailers of any kind shall be permitted on any lot of the subdivision.
  24. No surface water, storm drains, roof drains or any source other than sanitary facilities of the dwelling erected on any lot herein shall be attached to or allowed to drain into the sanitary sewer facilities serving the lots in the subdivision.
  25. Every residence unit erected on a lot in this subdivision shall include in its construction the installation of a sump pump for drainage of footer drains and other water and the discharge of said sump pump shall be delivered to the storm drain ditch at the roadway upon which the lot faces.
  26. No sanitary facilities or waste water facilities, such as wash tubs, shall be allowed to drain into the sump of any house or dwelling unit or be discharged through said sump pump drainage facilities.
  27. A representative of the Grantee and/or its successors and assigns, shall have the right to inspect all sanitary sewer taps and service laterals for service to any house erected on any lot in this subdivision. Before any sanitary sewer tap or service lateral for any house constructed in this subdivision may be covered or the ditch back filled, the same must be examined by proper authority.
  28. The Owner and all subsequent owners of this lot and all lots in the above described subdivision agree that all improvements of said lot and all lots in this subdivision and all lot overgrading will conform to the master grading plan and it is the responsibility of the owner and all subsequent owners to obtain a copy of the master grading plan from the Grantee and/or the Grantee's engineer. In the event that the owner and/or any subsequent owner does not conform with this requirement, the Grantee can require and force the owner to regrade and/or adjust the site elevation of any improvements.

IN WITNESS WHEREOF, Ben W. Hale, Jr., Trustee, has executed this instrument this 20th day of May, 1979.

/signed/ Ben W Hale, Jr., Trustee

Signed and Acknowledged in the presence of:
/signed/ Jeffery L. Brown
/signed/ Kay Neffenger

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