declaration

Declaration of Restrictions

This Declaration is made on the date hereinafter set forth by Cardinal Title Holding Company, an Ohio corporation, with offices at 250 E. Broad Street, Columbus, Ohio 43215, hereinafter referred to as “Declarant.”

NOW THEREFORE, In pursuance of a general plan for the protection, benefit and mutual advantage of all the lots in the aforementioned subdivision (the “Lots”, or “Lot” in the singular), and of the persons who are now or may hereafter become owners of any of the Lots or parts thereof, Declarant hereby declares that all of the Lots shall be held, sold, and conveyed subject to the following easements, restrictions, covenants and conditions (hereinafter referred to as “Restrictions”), which are for the mutual benefit and protection of, and shall be enforceable by, all and any of the present and future owners of any of said Lots. These Restrictions shall run with the land and shall be binding for a period of forty (40) years from the date hereof and shall be automatically extended for successive periods of ten (10) years each unless and until an instrument signed by at least the majority of the then owners of the Lots has been recorded, which instrument shall provide for a change in said Restrictions either in whole or in part, provided that any change which makes these Restrictions more restrictive as to any Lot shall require the consent of the owner of the affected Lot or Lots.

Official Date of Record 7/27/2000 

LAST TRANSFER OF RECORD: Official Record Vol. 24339, Page B-03, Franklin County Recorders Office.

  1. No building shall be erected, placed or altered on the premises until the construction plans and specifications and a plan showing the location of the structure have been approved by the Declarant herein or by West Albany Associates, an Ohio general partnership (“West Albany”) as to the quality of workmanship and materials, harmony of external design with structures in the subdivision, and location with respect to topography and finish grade elevation. Provided, however, no outbuilding whether shed, barn or otherwise made of tin, aluminum or other type of metal shall be constructed upon any lot. Approval by Declarant or West Albany of such plans and specifications shall mean only that Declarant or West Albany is satisfied, in the sole discretion of Declarant or West Albany, as to the elements set forth in this Section 1. No person or entity shall rely on the approval of Declarant or West Albany of such plans and specifications as giving rise to any representations or warranties, express or implied, and neither Declarant nor West Albany assumes any liability whatsoever in connection therewith. If Declarant or West Albany fails to approve or disapprove such plans and specifications within thirty (30) days after the submission thereof in writing to Declarant or West Albany, such plans and specifications as have been submitted in accordance with the terms hereof shall be deemed to have been approved. Failure of Declarant or West Albany to object within six months after completion of construction of a dwelling shall be deemed an approval of the plans and specifications pursuant to this Section 1. If Declarant and West Albany both cease to exist as entities, and this right of approval shall not have been specifically assigned to a successor in interest, (which may include a homeowners’ association whose members consist of the owners of not less than fifty-one percent of the Lots), then the approval of plans and specifications as set forth hereinabove shall not be necessary and the provisions of this paragraph shall be inoperative. Said assignment by Declarant or West Albany of this right of approval shall be in writing and filed with the Recorder of Franklin County, Ohio. All construction work commenced on said premises shall be completed within one year after the start of construction thereof in accordance with the plans and specifications so approved by Declarant or West Albany and Declarant or West Albany shall have the right to inspect all such construction work at all reasonable times to ensure the compliance with such plans and specifications.

  2. Each of the Lots shall be used and occupied solely and exclusively for private-residence purposes by a single family, and no other than a one single-family, private residence purpose building shall be erected, reconstructed, placed or suffered to remain thereon, which building shall include an attached garage of a size reasonably intended to contain at least two automobiles.

  3. No noxious or offensive trade or activity shall be carried on upon any of the Lots; nor shall anything be done on any of the Lots which may be or may become an annoyance or nuisance to any of the other Lots or of the owners thereof.

  4. No structure of a temporary character, trailer, mobile home, tent, shack, garage, barn or other outbuilding shall be used on any of the Lots at any time as a residence, either temporarily or permanently.

  5. No above ground swimming pool shall be permitted upon any Lot except that this Section 5 shall not be intended to prohibit the installation of a hot tub or sauna.

  6. No animals, rabbits, or poultry of any kind and no species of fowl, livestock, birds or insects shall be kept upon or maintained on any part of any of the Lots except domestic dogs, cats, or other household pets which are kept for domestic purposes only, and are not kept, bred, or maintained for any commercial purpose.

  7. No trucks, commercial vehicles, boats, trailers, campers or mobile homes shall be parked or stored on the premises as to be exposed to view for a period longer than 24 hours unless the same are in a garage or at the rear of the dwelling and out of view from the curb in front of the dwelling, provided, however, that nothing herein contained shall prohibit the reasonable use of such vehicles as may be necessary during construction of the homes to be constructed on the Lots nor prohibit the occasional and nonrecurring temporary parking of such truck, trailer, boat camper, recreational vehicle or commercial vehicle for a period not to exceed seventy two (72) hours in any period of thirty (30) days.

  8. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition.

  9. Television and radio antennas, including dish-type satellite signal receiving stations, whether rooftop or ground mounted, shall be placed in the rear yard and shall be screened from view of adjacent residences and public streets. Dish-type satellite signal receiving stations shall not exceed one meter in diameter. No towers or any kind, including, but not limited to, television, radio and/or microwave towers, shall be erected, placed or maintained on any Lot.

  10. No portion of any Lot nearer to any street than the building setback lines as shown upon the recorded plat of the subdivision shall be used for any purposes other than that of a lawn, nor shall any fence or wall of any kind, for any purpose, be erected, placed or suffered to remain on any Lot nearer to any street now existing, or any hereafter created, than the front building line of the actual building, excepting ornamental railings, walls, or fences not exceeding three (3) feet in height located on or adjacent to entrance, platforms or steps. Nothing contained in this Section 10 shall be construed as preventing the use of any portion of any Lot for walks, drives (if otherwise permitted), planting of trees or shrubbery, growing of flowers or other ornamental plants, or for small statuary entrance ways, fountains or similar ornamentations for the purpose of beautifying the Lot provided that no unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. No chain link or stockade fences are permitted on any Lot.
  11. No sign of any kind shall be displayed to the public view except one professional sign of not more than one square feet may be attached to the front of a residence, and one sign of not more than five square feet advertising the premises for sale or for rent, and except those other signs as may be approved by Declarant or West Albany intended to be used by a builder to advertise the premises during the construction and sales period. Notwithstanding the foregoing, the Declarant or West Albany reserves the right to establish standards for uniform signage and the total number of signs to be used by each builder and realtor during the construction and sales period as to all of the Lots.

  12. The location of any and all driveways shall be and shall remain as established upon each of the Lots pursuant to the plans and specifications referred to hereinabove. No driveway shall be located, relocated, or suffered to remain upon any of the Lots except as approved by Declarant or West Albany in writing.

  13. No Lot owner shall subdivide or convey less than the whole of any of the Lots without first obtaining the written consent of the Declarant or West Albany. No Lot owner shall extend the sanitary sewer line through any Lot for the benefit of adjacent land without first obtaining the written consent of the Declarant or West Albany.

  14. The Declarant reserves unto itself, its successors and assigns, a perpetual easement in, through, under and/or over those portions of the rear and sides of each of the Lots as shown on the plat thereof, designed as utility rights-of-way, for the construction, operation and maintenance of electrical and telephone utilities, lines and conduits and water, gas and sewer lines and conduits, cable T.V. or any other public utility facilities, together with the necessary or proper incidents and appurtenances; and no building or other structure, or any part thereof, shall be erected or maintained upon any part of the Lots over or upon which easements for the installation and maintenance of such public utilities and sewer lines will be or have been granted.

  15. No dwelling shall be erected, reconstructed, placed or suffered to remain upon any of the Lots without having the following minimum square feet of livable area, exclusive of porches, basements, garages, and other unfinished space:
    1. One-story dwellings shall have a minimum of 1200 square feet.
    2. 1-1/2 story dwellings shall have a a minimum livings space on the first floor of 875 square feet with the second floor finished in its entirety.
    3. Two-story dwellings shall have a minimum of 1500 square feet.
    4. Bi-level dwellings shall have a minimum of 1400 square feet, with at least 800 square feet on the upper level, and the lower level shall not be more than four (4) feet below grade level.

  16. In connection with the Restrictions contained herein, it is hereby provided that if, in the opinion of the Declarant or West Albany, the enforcement of the provisions hereof would work an undue hardship by reason of the shape, dimensions or topography of any of the Lots or by reason of the shape, dimensions or type of dwelling proposed to be erected on any of the Lots, then Declarant or West Albany, in the sole discretion of either, permit variations in size, type, location or otherwise that will not, in its sole discretion, do material damage to any abutting or adjacent property or negate the underlying purpose of these Restrictions to promote the uniform and harmonious development of the Lots.

  17. The foregoing Restrictions, and each and every one of them, shall be held and considered as running with the land hereby conveyed, and with each and every part of such land, and shall be construed toward their strict enforcement whenever reasonably necessary to ensure uniformity and harmony of plan, development and use of said subdivision, and if necessary, they shall be so extended and enlarged by reasonable implication so as to make them fully effective to accomplish such purposes. The reasonable construction placed upon them by the Declarant or West Albany in good faith shall be final and binding as to all persons and property benefited or bound thereby. The invalidity of any of these Restrictions or any part thereof shall not affect those remaining Restrictions or parts thereof, nor shall any failure by Declarant or West Albany, however long continued (except in case of a specific waiver thereof) to object to any breach of or to enforce any provisions whatsoever which are contained herein, be deemed as a waiver of the right to do so thereafter, as to the same breach, or as to one occurring prior or subsequent thereto.

  18. The Declarant or West Albany reserves the right (but not the obligation) in case of any violation or breach of any of the foregoing Restrictions to enter the property upon which or as to which such violation or breach exists, and to summarily abate and remove, at the expense of the owner thereof, any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provision hereof as interpreted by the Declarant or West Albany; and the said Declarant or West Albany shall not, by reason thereof, be deemed guilty of any manner of trespass for such entry, abatement or removal. Further, the Declarant or West Albany may enjoin, abate or remedy by appropriate legal proceedings, either in law or in equity, the continuance of any breach of these Restrictions.

    In addition to any other remedies which may be available, if any Lot or Lot owner is at any time not in compliance with the Restrictions and continues to be not in compliance thirty (30) days after written notice from the Declarant of West Albany of such non-compliance, the Declarant or West Albany may, at the option of either, cause the non-complying situation to be corrected, and the cost thereof, together with interest, costs, and reasonable attorneys fees, shall be assessed against that Lot and shall be a charge on the land and a continuing lien upon such Lot. Any lien created by operation of this Section 18 shall be deemed subordinate and inferior to any mortgage(s) on the Lot whether said mortgage(s) is executed and recorded prior to or subsequent to the creation of the lien