Declaration of Covenants, Easements, Restrictions, Assessment Liens and Homeowner Association For Wellington Mills Subdivision Phase 1

Transcription

1 Declaration of Covenants, Easements, Restrictions, Assessment Liens and Homeowner Association For Wellington Mills Subdivision Phase 1 This is a Declaration of Covenants, Easements, Restrictions and Assessment Liens made on this 7th day of March, 2006 by Curtis P. Painter and Charles M. Meadows of Licking County, Ohio and Timothy J. Geiger of Knox County, Ohio herein known as "Declarants". ARTICLE I. BACKGROUND A. Property Definition Declarants are the owners in fee simple of a acre tract located within Licking Township, Licking County, Ohio as described in the Recorders Records of Licking County, Ohio. The above described property will be formed into a platted subdivision known as Wellington Mills containing a total of 48 single family residential lots. In pursuance of a general plan for the protection, benefit and mutual advantage of all the property herein above described and all of the persons who may or hereafter become owners of any part of said property, and as part of the consideration for this conveyance, the Grantee accepts the same subject to the following restrictions covenants, conditions and applicable easements, which shall run with the land. B. Declarants Intent Declarants desire to create a plan of restrictions, easements and covenants concerning the Lots in the Subdivision and to retain in Declarants the right to approve or reject plans for the dwelling units to be constructed on said Lots. Said restrictions, easements, covenants and plan review, shall be for the benefit of and to protect the interests of the public, Declarants, each Lot Owner, and their respective personal representatives, heirs, successors and assigns. Declarants intend, during the course of development of the Subdivision, to reserve access to a public road which allows access to all the lots thereof known as Wellington Mills as described in the recorded Subdivision plat and to install signage, drainage, and landscaping at said entranceways and roadways for the benefit of Declarants as well as the Lot Owners of the Subdivision. Declarants intend to cause a resident owners association known as the Wellington Mills Homeowners Association to be formed for the purpose of enforcing the restrictions set forth in this Declaration and managing the affairs of the residents of the Subdivision as the Declarants designee, which management duties shall include the duties, rights and obligations numerated herein, and in accordance with this Declaration and the Code of Regulations and bylaws governing the activities of the Wellington Mills Homeowners Association. 1

2 C. Declaration Now therefore, Declarants hereby declare that the Lots shall be held, sold, conveyed and occupied, subject to the following covenants, easements and restrictions which are for the purpose of protecting the value and desirability of, and which shall run with the Lots, and each part, thereof, and be binding on all parties having right, title or interest in the same, and each part thereof, and their respective personal representatives, heirs, successors and assigns, and the Wellington Mills Homeowners Association. ARTICLE II. COVENANTS, RESTRICTIONS, EASEMENTS, ASSESSMENTS AND LIENS A. Land Use No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one single-family dwelling not exceeding two and one-half stories, together with an attached private garage for not less than two cars (three cars encouraged). Additionally, out buildings will be permitted as long as they are constructed toward the rear of the lot, are built out of the same or compatible materials and colors to match the dwelling, do not exceed the height of the dwelling, have an eave height not exceeding 12 feet, and do not exceed 2400 square feet in size. Tennis courts and swimming pools may also be constructed on the rear of the lot, facing the front line of the lot unless the Declarants or its designee grants special approval. No swimming pool may be installed above the grade level of the lot upon which it is to be located, unless Declarants give special permission. B. Plan Approval No excavation, building or other structure or thing (including, but not limited to, fences, television antennas or satellite dishes, mail boxes, outdoor lighting, and propane tanks) shall be commenced, erected, installed, used or maintained on any lot, nor shall any addition, change, or alteration to any structure or thing on any lot be made until a complete set of plans and specifications including location, elevation, slopes, grades, plans of all floors, cross sections, and detailed site landscaping plan have been submitted to and approved in writing by the Declarants or its designee. Samples of materials to be used on exterior of home, to the extent requested by the Declarants, are to be submitted with the plans. Declarants, or its designee have the right to refuse the design, materials, size, color, or location for any structure or thing if the Declarants, or its designee determine that the same will not be architecturally or aesthetically consistent with the other buildings, structures or things in the subdivision. In the event the Declarants or its designee fail to approve or disapproved any such plans and specifications within thirty (30) days after those items have been submitted for approval, the same shall be deemed approved. Notwithstanding, any other provision hereof, before construction is commenced, the location of the dwelling, driveway, on site sanitary disposal system, and residential water well shall be approved by the Licking County District Board of Health, or other appropriate county or township authority. All on-site sanitary disposal systems shall be designed and then approved by the Licking County Board of Health upon their discretion. Restrictions listed on Pages 9 and 10. C. Dwelling Size One-story dwellings shall have a minimum of 1,800 square feet of finished floor area. Any two story or multilevel dwelling shall have a minimum of 2,250 square feet of finished floor area. The above square footage requirements refer to heated, livable areas exclusive of basements, porches and garages. All attached garages, as required hereunder, shall have a minimum of 576 square feet. For the best possible curb appeal care must be exercised to choose a floor plan that is wide rather than deep. It is strongly encouraged that the attached garage set to the side of the dwelling rather than in the front or to the rear and be a side or rear load garage. 2

3 D. Construction Methods All construction on any lot shall be by conventional methods using normally accepted building methods and materials (all exterior construction materials shall be new). No concrete slab house, prefabricated house, prefabricated outbuilding, storage building, pole-barn, pole-building, mobile home, modular home, or house trailer shall be erected or maintained on any lot, unless special permission is given by Declarants. Each residence must have at least 200 square feet of stone or brick on the front of the dwelling. All front elevations shall be natural material; such as, but not limited to, wood siding, brick, and stone, alternative maintenance free materials will be considered by Declarants. Prefinished composite wood products and concrete siding may be acceptable. Any exterior vinyl products to be used must be architectural grade and a minimum thickness of.044 inches. All exterior material colors should be designed in a manner to blend in with the trees and natural environment of the home sites. All roofs shall be a minimum of 6/12 pitch to a maximum of 12/12 pitch with a minimum overhang of 1 foot. Awnings are prohibited. Architectural type shingles are encouraged. Three tab (3 tab) shingles are prohibited. Roof ends, vents, flashing, etc., other than copper, shall be pre-finished or painted to match adjacent finished material. No exposed, unfinished concrete block will be permitted, except for building foundations not more than 12 inches above finished grade. All exposed block shall be colored or painted split-face concrete block. The construction methods are guidelines. Declarants reserve the right to approve or disapprove all aspects of submitted plans on an individual basis. E. Building Location No structure shall be located on any lot nearer to the front lot line or nearer to a side street than the minimum building set back lines shown on the recorded subdivision plot. No structures of any nature whatsoever shall be constructed within the boundaries of any utility or drainage easements shown on the recorded subdivision plat. No structure shall be located nearer than twenty (25) feet to an interior lot line, fifty (50) feet to a rear lot line and fifty (50) feet to the right-of-way. F. Temporary Residence or Structures No structure of a temporary character, trailer, basement, tent, shack, garage, and barn or other out building shall be used on any lot at any time as a residence, either temporarily or permanently. No dwelling and its attached garage shall be occupied until the same shall have been substantially completed (including final grading, and its attached garage are constructed) as shown by the issuance of a final inspection certificate issued by the Declarants or its designee. Any dwelling, and its attached garage, shall be substantially completed (as hereinabove provided) within one year from date initial excavation takes place. Site landscaping plan must be completed within nine (9) months of completion of the house (this does not mean lawn area, planting of lawn should take place immediately). G. Driveway and Driveway Drainage All dwellings shall be constructed with hard-surface driveways. Concrete, pavement, or double chip-andseal are acceptable hard-surface driveway materials. Gravel or limestone is not acceptable as a driveway 3

4 material. Driveways shall be constructed with a minimum width of nine (9) feet and shall flair to a minimum of fifteen (15) feet at its end towards the street paving. Driveway must be completed within nine (9) months of completion of the dwelling. The size and type of driveway drainage structure shall be determined by the Declarants, or their designees, and shall at least meet the specifications laid down by the Licking Township regulations. Except for the installation of the driveway drainage structure, the roadside ditches shall not be enclosed unless an enclosure of the ditch is approved by Licking Township. No vehicles shall be driven across the roadside ditches abutting any lot, except over and across such driveway drainage structure after it is completely installed. H. View of Traffic No hedges, trees or shrub lines shall be placed on any lot that obstructs the view of traffic approaching any street or road intersection within or surrounding the area affected hereby. The same sight-line limitations shall apply to plantings near points where a driveway enters a street or road. I. Pleasure and Utility Vehicle and Equipment Parking and Storage Unless special permission is given, no utility or pleasure vehicle or equipment, including mowers, tractors, and other lawn or garden equipment, campers, boats, boat trailers, house trailers or other pleasure vehicles, shall be stored or parked on any lot for a period of seventy two (72) hours in any period of 30 days unless it is entirely within the garage or other enclosed area designed expressly for such purpose. No inoperable vehicle of any kind whatsoever shall be stored or parked on any lot for a period of seventy two (72) hours in any 30 day period unless it is entirely within the garage or other enclosed areas designed expressly for such purpose. No semi-tractors or semi-trailers or other commercial vehicles (except for pick-up trucks and vans) may be parked on any lot. No vehicle repair work shall be undertaken on any lot except in the garage or other enclosed area designed expressly for such purpose. No motorcycle, motorbike, dirt bike, go cart, snowmobile, or similar vehicle shall be operated continuously, repetitively, or persistently on any lot. J. Nuisances No obnoxious or offensive activity shall be permitted on any parcel, nor shall anything be done thereon which may be of become an annoyance or nuisance to the neighborhood. All outdoor lighting shall be positioned so as not to disturb neighboring property owners. K. Waste Disposal No lot shall be used or maintained as a dumping ground, trash, garbage, rubbish, garden waste, prunings, or other waste shall not be kept except in sanitary containers for collection that shall be stored within a structure or concealed by landscaping or other materials, either of which provide a year round visual screen for such containers from neighboring streets or properties, as approved by the Declarants or their designees. All equipment for the storage or disposal of such materials shall be kept clean and sanitary. Each lot owner shall arrange for trash to be collected and removed on a weekly basis. Trash containers may be placed in an open area to facilitate collection and removal of trash for a period not to exceed 24 hours prior to pickup. L. Property Upkeep No dwelling or other improvement on any lot shall be permitted to become unsightly or to fall into disrepair and all dwellings and improvements shall at all time be kept in good condition and repair and adequately painted, stained or otherwise finished in accordance with specifications established by Declarants or their designees. Each lot owner, for himself and his successors and assigns, hereby grants to 4

5 the Declarants or their designees, the right to make any necessary alterations, repairs or maintenance to carry out the intent of this provision and hereby further agrees to reimburse the Declarants or their designees for any expenses actually incurred in carrying out the foregoing. All windows, porches, balconies and other exterior surfaces shall be maintained in a neat and orderly manner. No clothesline or other outside drying or airing facilities shall be permitted, unless Declarants give special permission. Gas meters shall be painted to blend with the main color of the dwelling. All mailboxes must meet specifications designated by the Declarants. M. Signs No billboards, signs, or advertising device of any kind shall be erected, placed or suffered to remain on said premises except for one sign of not more than five (5) square feet advertising the property for sale and promotional signs used by a builder during the construction period. N. Landscaping Responsibility: It shall be the duty of the property owner to keep the property including lawns, shrubbery, and trees in a neat and well-maintained condition. Such duty for lawn and landscape maintenance shall extend to the edge of the pavement and include the shoulder area between the edge of the pavement and the property line, for those lots backing up to creeks which are used as lot boundaries or development boundaries, the Owner of said lots are responsible for maintenance to the center of the creeks (as measured from bank edge to bank edge). All grassed portions of lots will be mowed at least once per month from April through October, unless grass is less than four (4) inches in height. No modifications of the natural characteristics of the herein described properties shall be made without the express written approval of Declarants or their designees, including but not limited to resculpturing or modifying the terrain; cutting any tree measuring three (3) inches in diameter or larger measuring at a point two (2) feet above ground level; cutting clumps of smaller trees which provide screening or enhances the character of the community. All vacant lots must be mowed at least two (2) times yearly, namely: once in June and once in October. All areas in drainage easements shall be maintained in their current condition, ie. grassed waterways shall be periodically mowed, woody vegetation will not be cut or otherwise removed. Additionally, areas inside the wetland buffer areas on lots 45,46, 43, 18, 19 shall be preserved. No building or other earth-disturbing activities shall be performed in the areas. See the plat for a delineation of these areas. 0. Animals: No swine, sheep, cattle, horses or other livestock, poultry nor reptiles shall be kept or maintained on the property. No snakes of any kind shall be kept on any parcel. Cats, dogs or other household pets may be kept. Dogs must be kept on their own lot and not allowed to run free. No undomesticated animal, nor any animal having unusually vicious propensities, shall be kept or maintained on the property. P. Natural Water Flow No one owner shall take any action or permit any action to be taken that might change or divert the flow of the natural or man made watercourses as shown on the plat of the subdivision. An Owner may provide riprap walls or culverts to cross creeks to enter dwelling upon securing written approval from the Licking County Engineers office or Licking County Flood Plain Administrators. Every owner of property along the watercourses shall maintain the portion of said watercourse in his property and keep the same free of debris and obstructions of all kind. Licking County or Licking Township shall be free of any responsibility toward maintaining the watercourses. Portions of the watercourses that are crossed by the township roads will be the responsibility of Licking Township upon the dedication of the roads to them. 5

6 Q. Soil Movement Prior to any construction in which earth will be moved or disturbed on any lot, sediment barriers and erosion control practices as prescribed by the local office of the Soil & Water Conservation District must be installed in order to prevent situational damage to adjoining properties or easements. R. Trade or Commercial Activity Barred No trade or commercial activity shall be conducted upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to any of the owners of any said lots in the Subdivision. Notwithstanding the foregoing, Declarants, their successors and assigns, may perform their general business and development activities and lot sales activities within the subdivision. S. Lot Splits No lot shall be split, divided or subdivided for sale, resale, gift, transfer or otherwise, so as to create a new lot without the express written consent of Declarants, or their appointed designee. T. Fuel Storage Any tank for storage of fuel placed or maintained on any lot in the Subdivision shall be located below the surface of the ground or within the confines of the dwelling. However, no storage tanks larger than ten (10) cubic feet including, but not limited to, those used for storage of water, gasoline, oil, or other liquid or any gas shall be permitted on any lot. All fuel tanks installed on any lot must satisfy State of Ohio Environmental Protection Agency requirements. U. Entranceway Easements Easements are herein reserved over the recorded easement and set-back (or building line) areas of the Subdivision as shown on the recorded plat of the Subdivision for the installation of improvements, repairs, and maintenance of the entranceway facilities. The portions of the property containing such entranceway shall at all times be kept accessible for maintaining and repairing the entranceway. V. Maintenance and Repair An easement is herein reserved over and on all real estate wherein the public road known as Barrington Drive, Cheltenham Drive, Kingswood Drive, Northwick Drive, Summerfield Court, and Cherington Court is situated and the drainage ditches adjacent thereto all as may be shown on the Subdivision plat for the installation of improvement and the repair and maintenance of facilities installed by the Declarants including but not limited to utilities, fencing, signage, landscaping, roadways, and drainage ditches. W. Field Tile Relocation Subdivision is known to contain field tile. All field tile encountered during construction shall be maintained and provided with an outlet point. Suggested outlet points shall be roadside ditches or existing stream channel or reconnection to the existing field tile system after relocation. X. Satellite Dishes: No satellite dish larger than 3 feet in diameter shall be permitted, and all approved dishes shall be located in a manner that hides it from the view of the road. Location of satellite dishes shall be approved by the Declarants before installation. ARTICLE III. Wellington Mills Homeowners Association A. Formation of Wellington Mills Homeowners Association : No later than upon the sale of all of the total possible lots in Wellington Mills the Declarants shall cause a resident owners association to be formed known as the Wellington Mills Homeowners Association for the 6

7 purpose of enforcing the restrictions set forth in this declaration and managing the affairs of the residents of Wellington Mills as the Declarants designee and in accordance with the bylaws governing the activities of the Wellington Mills Homeowners Association. Such responsibilities of the Wellington Mills Homeowners Association shall include but are not limited to the maintenance of the entrance monuments and the landscaping surrounding the same and the maintenance of and payment of taxes related to any platted recreational or Open Space area. All of the owners of the lots in Wellington Mills Subdivision shall be members of the Wellington Mills Homeowners Association, which shall be an Ohio non-profit corporation. Each lot shall be entitled to one vote on each matter submitted to vote of the members, to be exercised by the owners thereof, and when title to a lot is in more than one person, such co-owners acting jointly shall be entitled to cast one vote. B. Assessments Prior to the formation of the Wellington Mills Homeowners Association, Declarants shall have the responsibilities of the Wellington Mills Homeowners Association. In order to carry out the purpose described herein, Declarants (until the Wellington Mills Homeowners Association is formed) and the Wellington Mills Homeowners Association (after is it formed) shall have the right to assess the owner of each lot, other than the Declarants (the remaining lots not sold initially) or the Grantee herein, an annual assessment of $60.00, which amount may be adjusted by the Declarants prior to the formation of the Wellington Mills Homeowners Association in accordance with the by-laws of the Wellington Mills Homeowners Association. By accepting a deed, each lot owner agrees to pay such annual assessment. If any assessment remains unpaid for thirty (30) days after demand for payment is made, Declarants or the Wellington Mills Homeowners Association may file a certificate with recorder of Licking County, Ohio setting forth an amount to such assessment and lot or lots to which it pertains. Such amount shall be a lien against said lot or lots from the date of the filing of the certificate. Upon a written request, Declarants or their designee shall provide the owner of any lot with the certified amount of the assessment(s), if any, due and payable in regards to a lot or lots. If Declarants or its designees fail to provide such certification within seven days of such written request, it shall be conclusively presumed that such assessments are paid in full through the date of such request. Notwithstanding the foregoing, the lien of the assessments provided for herein and the annual assessment, hereinbefore provided, is subject and subordinate to the lien of any duly executed first, mortgage on a lot recorded prior to the date on which such lien of the Wellington Mills Homeowners Association arises, and any holder of said first mortgage which comes into possession of a lot pursuant to the remedies provided in the mortgage, foreclosure of the mortgage, or deed or assignment in lieu of foreclosure, and any purchases at a foreclosure sale, shall take the lot free of any claims for unpaid installments of assessments or charges against the mortgaged lot which became due and payable prior to the time such holder or purchases took title to that lot. C. Maintenance of Private Road Before Dedication: The Wellington Mills Homeowners Association shall maintain and repair the Private Roads, until they are dedicated to the public, designated on the Subdivision Plat as Barrington Drive, Cheltenham Drive, Kingswood Drive, Northwick Drive, Summerfield Court, and Cherington Court. Such maintenance and repair by the Wellington Mills Homeowners Association shall be performed in a manner deemed appropriate by the Wellington Mills Homeowners Association and may include, but not necessarily be limited to, mowing of grass, weeding and trimming along roadway, the planting of shrubs, trees and flowers, the removal of dead or diseased trees from the area, cleaning up debris and trash, maintaining and repairing the drainage ditches, snow and ice removal, and road maintenance and repair of every kind and nature. The Declarants will dedicate and turn over private roads to Licking Township upon their completion. 7

8 D. Successors Bound: The Grantee of the heirs and assigns of the Grantee shall not convey or, otherwise alienate said premises or any part thereof, or interest herein, unless such instruments of conveyance shall expressly provide that the person or persons receiving the same shall accept and be bound by the terms and obligations herein expressed. E. Term: These covenants shall be binding on all parties and all persons claiming under them for a period of ten (10) years from the date hereof, after which time, said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by the Wellington Mills Homeowners Association, in accordance with its by laws, has been recorded changing said covenants in whole or in part. F. Enforcement: Enforcement of these restrictions may be by proceedings of law or in equity, or both, brought by an owner or other parties in interest, including the Declarants, or its designee, against any person violating, or attempting, or threatening to violate any restriction and may include an action for damages, restraint of the violation, enforcement of compliance, or all the above. No failure to object to any violation of any restriction or to enforce any restriction shall be considered a waiver of the right to enforce these restrictions thereafter either in a court of law or equity. The successful claimant may recover his, her, their, reasonable costs in doing so, including reasonable attorney's fees. G. Severability: Invalidation of any of these restrictions by a judgement or decree of any court shall not affect the other restrictions, which shall remain in full force and effect. ARTICLE IV. LICKING COUNTY HEALTH DEPARTMENT RESTRICTIONS An inspection for all lots in the subdivision must be conducted by the Licking County Health Department in the presence of the owner or his agent; It is imperative that the site inspection be conducted prior to any construction. During this inspection, it will be determined if the construction plans will meet the location of the dwelling, driveways, water well, septic tanks, curtain drain discharge lines and primary and secondary leach trench systems. The developer will be responsible for installing the curtain drain collection lines that traverse adjoining property owners prior to that final approval by the health department. Easements are reserved for the installation and maintenance of curtain drain collector lines where indicated on this plan and the plat of Wellington Mills subdivision. Future maintenance for the collector lines will become the shared responsibility of all property owners utilizing the collector line. No permanent structures of any kind, including driveways, swimming pools, buildings, etc., shall be permitted in the areas designated on the preliminary plan for primary or secondary leach systems. Sewage system site plans designed for lots in this subdivision were based on soil types, percent of slope, surface drainage and the ground water table. Site plan modifications are not recommended. However, properly submitted modifications will be reviewed by the Health Department. Modifications must be drawn to scale on a minimum 2- foot contour interval map. Lots 19, 46 and 47 are restricted to 3 bedroom dwellings by the Licking County Health Department. 8

9 ARTICLE V. ACCEPTANCE By accepting a deed to any of the lots of the subdivision, a Grantee accepts the same subject to the foregoing covenants and agrees for himself, his heirs, successors and assigns to be bound by each such covenants jointly. Witness his hand this day of, 20. Signed and, acknowledged in The presence of: Wellington Mills LLC By: STATE OF OHIO, COUNTY OF, SS The foregoing instrument was acknowledged before me this day of, 20, by, and, and, of Wellington Mills LLC, an Ohio Limited Liability Company. IN TESTIMONY THEREOF, I have hereunto subscribed my name and affixed my seal on this day and year aforesaid. Notary Public 9