Summerfield Phase V Deed Restrictions
JEFFREY L. BROWN, 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 336 throuch 390,
both numbers inclusive, of Summerfield Number V,
as the same are numbered and delineated upon the recorded plat thereof,
of record in Plat Cabinet No. 1, Slot 48, Plat Cabinet Records of Recorder's Office,
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
Further, this grant is subject to the following provisions requirements, terms,
conditions, restrictions, agreements, covenants, obligations and charges, as
- 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.
- 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.
- 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
- 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 be constructed on any premises herein described.
- 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.
- No house may be constructed on any lot with a garage of minimum dimensions
of less than twenty (20) feet by twenty (20) feet.
- 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.
- 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.
- No lot shall hereafter be subdivided into additional lots.
- Easements for installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plat.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- Each house is to have a driveway with either asphalt or concrete surface.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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, JEFFREY L. BROWN, TRUSTEE, has executed this instrument
this 19th day of August, 1983.
/signed/ Jeffrey L. Brown, Trustee
Signed and Acknowledged in the presence of:
/signed/ Kay Neffenger
/signed/ Paula H. Price (?)
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