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WAKEMAN, OHIO
COVENANTS RUNNING WITH THE LAND
1. Easement and Rights of Way
a. The Grantors expressly reserve for themselves,
their heirs, administrators, executors and assigns forever,
an easement and right of way over, under, upon and across the
several lots of the Subdivision for street and highway purposes,
the location and limits of such easement and rights of way being
more particularly set forth and delineated on the plat of this
Subdivision as Riverbend, such description being incorporated
herein by reference; the right to enter upon and improve such
lands for such purpose and to dedicate or cause the same to
be accepted for the use of the public generally for ingress
and egress to the several lots of the Subdivision. Further,
the Grantors expressly reserve for themselves, their heirs,
administrators, executors and assigns forever, and over and
across the aforesaid lands, or under or upon the same, easements
and rights of way for the installation of electric and telephone
pole lines, wires and fixtures; for the installation and maintenance
of sewers, swales, ditches and conduits for storm waters and
sanitary sewage; for gas and water mains and for any other utility,
facility or service which they deem necessary or merely convenient
for the service and betterment for the several lots in this
Subdivision and the lands adjacent thereto.
b. The Grantors expressly reserve for themselves,
their heirs, administrators, executors and assigns forever,
easements and rights of way over, under, upon and across a strip
of land ten (10) feet in width parallel to and adjacent to the
side lines of each and every lot for the installation and maintenance
of electric and telephone pole lines, wires and fixtures, and
for the installation and maintenance of sewers, swales, ditches
and conduits for storm waters and sanitary sewage.
c. The Grantors reserve the right to assign
any or all of the aforesaid easements and rights of way to any
person, firm, corporation or other legal entity, public or private,
furnishing one or more of the aforesaid utilities, facilities,
or services but nothing herein contained shall obligate the
Grantors to furnish any of the same save and except the street
or road over and across the lands described in paragraph (a)
supra provided that their obligation to maintain such road,
once constructed, shall cease and determine upon its incorporation
into the public highway system of the State of Ohio or that
of any of its political subdivisions.
2. Land and Buildings
a. No lot shall be used except for residential
purposes. Grantees, their heirs and assigns shall not sublot
any part of any lot.
b. No building shall be erected, constructed,
placed or permitted on any lot other than one single family
dwelling, with brick or ornamental brick front, not to exceed
three (3) stories or 50 feet in height and a private garage
for not more that three (3) and not less that two (2) vehicles,
provided that such garage is attached to the dwelling. Once
construction is commenced, it shall be completed within a period
of three (3) years. In any event, no modular or double trailer
shall be permitted on any lot. Each driveway shall be of hard
surface.
c. A private swimming pool and a cabana or
bath-house to be used in conjunction therewith is also permitted
provided such cabana or bath-house is no more than one (1) story
in height and such facility is used exclusively by the owner
of occupant of the lot and his guests.
d. One outbuilding per lot is allowed provided
such outbuilding is constructed on a below frost line foundation,
and does not exceed 1000 square feet in size and one (1) story
in height. Pole type outbuildings are acceptable as provided
in Paragraph 3 (c).
3. Building Size and Quality
a. All buildings and other structures shall
be constructed of new materials of good quality and in a workmanlike
manner.
b. The area of any dwelling, exclusive of
the garage and basement, shall be not less than 1600 square
feet.
c. No building or structure of any kind whatsoever
shall be erected or placed on any lot until the plans, specifications
and location thereof have been first presented to and approved
by the Grantors in writing as to the outward appearance and
design, location and finished grade.
4. Sideline and Setback Restrictions
No building or any part thereof, except the steps, balconies,
bay windows or any other unusual projection thereof, shall be
erected or placed on any lot within 40 feet of the front line
of said lot or within 10 feet of any side lot line.
5. Front Lawn Area
a. No front lawn, viz., that part of a lot
lying between the improved portion of the street or road and
the front of the dwelling located on said lot, shall be used
except for certain utility purposes as heretofore provided in
Paragraph 1 (a) or for a lawn. But nothing herein contained
shall prevent the use of the front lawn for walks or drives,
or for the growing of ornamental flowers, plants, shrubs or
trees or for the placement of statues, fountains or other ornamentation
provided that such artificial structures shall not exceed eight
(8) feet in height. Cultivated wild flowers must be within neatly
maintained flower beds, but no vegetables or grains of the garden
or field variety shall be grown in such front lawn area and
the same shall be kept neatly mowed and trimmed at all times.
b. Each owner or occupant of a vacant lot
shall be required to plant and maintain a grass lawn. If the
owner of occupant of a lot fails to keep the same properly trimmed
and mowed and the lawn thereby becomes unkempt and unsightly,
then and in that event, the Grantors may cause the same to be
mowed and trimmed at the expense of and as agent for the owner
or occupant, the cost of such work to be due and payable on
the first of the following month.
c. No walk or driveway shall be extended to
the improved portion of the street or road, nor shall any work
be done on any lot, which will in any way interfere with or
impede the flow of surface waters over and across said road
or lot into the swale or drain adjacent said road.
6. Restrictions Against Manufacturing or Commercial Enterprises
No manufacturing or commercial enterprise, or enterprises of
any kind for profit, shall be maintained upon, in front of,
or in connection with any lot or lands in this Subdivision,
nor shall any lot or lands be used for other than residential
purposes. In home businesses, such as babysitting services and
computer work, can be addressed by the persons (including mortgagees)
owning not less than 2/3 of the lots in this Subdivision, on
a per case basis.
7. Restrictions Against Nuisances in General
No noxious or offensive trade or activity shall be carried
on upon any lot, nor shall anything be done thereon which may
be or become a nuisance or annoyance to the neighborhood.
8. Restrictions Against House Trailers, etc.
No house or camping trailer, tent, basement, garage or other
outbuilding shall be used as a residence, either temporarily
or permanently nor shall any dwelling be occupied for such purpose
until it is 90% completed. No house trailer, boat and/or boat
trailer, commercial truck or commercial vehicle shall be stored
or parked on any lot, unless the same can be housed in the garage.
9. Restrictions Against Signs and Billboards
No signs, billboards or other advertising devices, except those
advertising the sale or rental of the lots on which they are
located shall be placed on any lot or building in this Subdivision.
10. Restrictions Against Keeping Animals or Chickens
No cow, hog, goat, or similar animal shall be kept or maintained
on any lot nor shall any chicken yard be maintained thereon.
Small domestic animals or house pets may be kept in any home
provided that no more that 2 cats, dogs, or other small animals
and their increase under 6 months of age shall be so kept or
maintained.
11. Fence Restrictions
No fence constriction shall be permitted except a fence constructed
for ornamental purposes or a fence constructed around a swimming
pool. Such construction of said ornamental or swimming pool
fences shall NOT be made of wire, exception only for swimming
pool fence which can be cyclone fencing or its equivalent.
12. Sidewalks
Sidewalks of 4 feet wide and 4 inches thick concrete, shall
be required on all street frontage at the owners expense in
accordance as per the master plot plan.
13. Underground Wiring
All utility wiring such as telephone and electric shall be
required to be underground, if the utility companies provide
underground wiring along the street frontage.
14. Partial Invalidity and Other Matters
a. It is expressly stipulated that if any
covenant, condition or restriction or any portion thereof heretofore
set forth is invalid or void, such invalidity or voidness shall
in no way affect any other covenant, condition or restriction.
b. The several restrictions, covenants and
conditions heretofore enumerated shall be and remain in full
force and effect up to and including the 31st day of December
2027, and may be altered only for an additional period of 25
years from and after said date, if prior thereto, and agreement
to so extend such conditions or such part of them as is deemed
desirable has been executed by persons (including mortgagees)
owning not less than 2/3 of the lots in this Subdivision with
the same formalities as a deed and such instrument, so executed,
has been recorded on or before said termination date.
15. Grantors only have the power to construct
and rent or sell apartments and/or condominiums on lots numbered
1, 2, 3, 29, and 30 of the master plot plan. The foregoing covenants
and restrictions do not apply to said apartments and/or condominiums.
16. Fannin Brothers, Inc., its successors and
assigns shall be and is the exclusive contractor in the erection
of any and all structures upon any and all lots in the subdivision,
and Fannin Brothers, Inc., its successors and assigns may also
assign any portion or portions of this right to subcontractors
of its choosing, and retain the balance of this right. The building
of the original house structure shall begin within 2 years of
the date of the recorded original conveyance by Fannin Brothers,
Inc. The provisions set for the in this paragraph shall run with
the land and bind subsequent holders in the chain of title. The
design of any structures shall be at the discretion of the grantee(s),
their heirs and assigns, but such designs shall conform with any
covenants, exceptions, restrictions, and reservations. Any transfer,
assignment, or contract of sale by the grantee(s) (or any holders
in the chain of title) to convey any portion or portions of their
interest in the property shall contain and repeat this paragraph
verbatim, or the holder in the chain of title who fails to repeat
this paragraph shall pay Fannin Brothers, Inc., its successors
and assigns the value of its lost profits for any and all structures
erected by another entity or entities.
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