Protecting the quality and character of our community
Dated: 18 October 2005
Recorded: 2 November 2005
Instrument No.: Volume OR37 Pages 901-908
In the records of Jackson County, Ohio.
KNOW ALL MEN BY THESE PRESENTS: That Mountain Meadow LLC, hereafter referred to as the Declarants, and owner of the following described property in Jackson County, State of Ohio, to-wit:
The North Half of Lot No. Ten (10) of the Scioto Salt Reserve Lands of Township No. 6 of Range No. 19, containing 38.953 Acres, more or less. The South Half of Lot No. Ten (10) of the Scioto Salt Reserve Lands Of Township No. 6 of Range No. 19, containing 40.000 Acres, more or less. The North End of Lot No. Twenty Three (23) of the Scioto Salt Reserve Lands of Township No. 6 of Range No. 19, containing twenty (20) Acres, EXCEPT one-fourth (1/4) of an acre out of the Southeast corner of the 20-acre tract, leaving after the exception, 19-3/4 acres, more or less.
WHEREAS, the said owners desire and intend to sell and convey said lots, having developed an overall plan for the use and development of said subdivision, and for the purpose of making a more desirable residential area, therefore the following restrictions are to be enforced:
1. LAND USE AND BUILDING TYPE: No lot shall be used except its primary purpose shall be for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot, other than a single-family dwelling with attached garage, a detached private garage not to exceed a capacity for three vehicles, and a detached storage building not to exceed 576 square feet.
2. ARCHITECTURAL CONTROL: No building or driveway shall be erected, placed or altered on any lot until the construction plans and specifications, and a plan showing the location of the structure or driveway on said lot has been approved by the Declarants or their duly authorized agent. All driveways shall be concrete or asphalt paved and maintained as required to preserve their aesthetic qualities.
3. DWELLING QUALITY AND SIZE: It is the intent and purpose of these restrictive covenants to assure that all dwellings constructed in this subdivision shall be of the highest quality workmanship and materials. The ground floor area of the main structure, exclusive of one-story porches and garages, shall be not less than 1500 square feet for one-story buildings, or at least 1400 square feet in the first floor for one and one-half story buildings, or at least 1400 square feet in the first floor for two-story buildings, or at least 1500 square feet above grade for split-level buildings.
4. BUILDING LOCATION: No building shall be located on any lot nearer to the front lot line than thirty five feet therefrom; nor nearer than twenty-five feet to the rear lot line; nor nearer than fifteen feet to at least one interior lot line; nor nearer than twenty feet to the side street line.
5. NOXIOUS ACTIVITY: 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.
6. ABANDONED VEHICLES: No abandoned vehicles shall be allowed on the premises of any lot.
7. MAINTENANCE OF HOME AND YARD: Each homeowner shall agree to maintain their home and the yard adjoining their home in an attractive manner.
8. HOME BUSINESS: No trade or business of any kind may be established within any home or upon any lot.
9. HOLD HARMLESS CLAUSE: Each lot owner shall agree to hold the Declarants harmless from any damage from water that may inadvertently flow onto their lot.
10. TEMPORARY BUILDINGS: No structures such as trailer, basement house, tent, shack, garage, barn or other outbuilding shall be used at any time as a residence. No old or second-hand structures shall be moved onto any lot.
11. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five feet square advertising the property for sale or rent.
12. OIL AND MINING OPERATIONS: No oil drilling, development operations, refining, quarrying or mining operations of any kind shall be permitted.
13. LIVESTOCK AND POULTRY: No animals, livestock or poultry of any kind shall be maintained except for domesticated dogs, cats, or other household pets.
14. GARBAGE AND REFUSE DISPOSAL: No lot shall be used as a dumping ground. All garbage shall be removed at least once weekly.
15. FENCES: No fence, hedge, or wall shall be erected nearer to the access road than twenty five feet.
16. OUTSIDE UTILITIES: All outside utilities cables must be underground. No permanent or temporary towers or antennas may be erected.
17. WELLS: No drilled wells or springs are permitted upon any lot.
18. SEPTIC SYSTEMS: Sewage disposal shall be by an "on lot" septic system approved by the Jackson County Health Department.
19. NO JUNK VEHICLES: No junk vehicles of any kind shall be stored or maintained on any lot unless stored out of sight in a garage.
20. MOWING: Each lot owner shall be responsible for mowing lawns and trimming shrubbery.
21. NO HUNTING: No hunting shall be permissible in the subdivision, nor shall any guns, bows, or weapons be discharged.
22. SUBDIVISION: No lot may be further subdivided except for transfer of land between adjoining property owners.
23. RIGHT OF WAYS: No right of ways other than those granted for utilities servicing Mountain Meadow Estates may be granted.
24. DECLARATION: Any owner of a lot, by acceptance of the deed, shall be deemed bound by these terms.
25. TERM: These covenants run with the land for thirty years from October 2005, then automatically extend for successive ten-year periods unless a majority of owners agrees to change them.
26. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity.
27. SEVERABILITY: Invalidation of any covenant shall not affect the others.
28. AMENDMENT: These are the amended Restrictive Covenants replacing those recorded in Plat Book 5 at Page 1135 and Official Record Volume 28 Page 1879.
A. No more than one dwelling per lot.
B. Only single-family dwelling, detached garage (max 3 vehicles), and storage building (max 576 sq ft) permitted.
C. No roof less than 5/12 pitch.
D. All plans must be approved by Declarants.
E. Construction completed within eighteen months.
F. No mobile homes. Conventional stick-built and Unibuilt homes meeting Ohio Modular Standards accepted.
G. No exposed metal chimneys. All foundations and chimneys must be brick or stone cased.
H. No lot shall be stripped of topsoil or vegetation beyond what's needed for approved construction.