AMENDED DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR
THE WOODS OF INDIAN RUN
This is an amended declaration of covenants, conditions, restrictions and easements made this 27th day of September, 1998, by The Woods of Indian Run Homeowners' Association (hereinafter the ''Association''), an Ohio corporation, of Franklin County, Ohio, for The Woods of Indian Run.
(A) The Association Is the successor In interest of THE NORTHWOOD LAND CORPORATION'S fee simple interest in the following REAL PROPERTY: Situated in the State of Ohio, County of Franklin and in the Township of Washington:
Being Lots Numbered One (1) through Ninety-six (96), inclusive, of THE WOODS OF INDIAN RUN, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 76, pages 9, 10 and 11, Recorder's Office, Franklin County, Ohio.
Last Transfer: Official Records 20087, Page E-05; 21335, Page F16; 24056, Page 118) 25527, Page C-02; 25851, Page E20; and 32163, Page H17.
Each of these lots are referred to herein as a ''Lot,'' and collectively they are referred to herein as the ''Lots.'' A ''Lot Owner'' is each owner of a fee simple interest in a Lot. THE WOODS OF INDIAN RUN is referred to herein as the ''Subdivision.''
(B) The Association desires to amend the Subdivision's plan of covenants, conditions, restrictions and easements concerning the Lots In THE WOODS OF INDIAN RUN, and to retain in the Association plan approval of the dwelling units to be constructed on said lots. These easements and covenants shall also relate to the entrance way of the Subdivision for the benefit of and to protect the interest of the public, the Association, each Lot Owner, and their respective personal representatives, heir's, successors, and assigns.
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
NOW, THEREFORE, the Association hereby declares that the Lots shall be held, sold, conveyed, and occupied subject to the following covenants, conditions, easements, restrictions and assessment liens, which are for the purpose of protecting the values and desirability of THE WOODS OF INDIAN RUN. These covenants, conditions, easements, restrictions and assessment glens shall run with the Lots, and each part thereof, and be binding on all the parties having any right, title, or interest in the same, and each part thereof, and their respective personal representatives heirs, successors, and assigns, and shall inure to the benefit of and be enforceable by the Association and each Lot Owner, and their respective personal representatives, heirs, successors, and assigns.
(A) Land Use: All of the Lots in THE WOODS OF INDIAN RUN shall all be used for single-family residential purposes only. No building shall be erected, altered, placed or permitted to remain on any Lot that would exceed two and one-half (2 1/2) stories in height, and in no event shall any building be erected to a height exceeding thirty-five (35) feet from the finish grade of the building, together with necessary accessory buildings and structures, including a garage, an uncovered or covered and/or enclosed patio wood fencing, an in-ground swimming pool, and a bath house. No other structure shall be constructed, erected, placed or remain upon any Lot without the express written consent of the Association. The word ''structure'' as used herein means any thing or object including but not limited to above-ground swimming pools, barns, utility sheds, greenhouses, coops, cages, animal runs, house trailers or any other temporary or permanent improvement on such Lot. No lower level garage may be constructed in any bi-level dwelling.
(B) Lot Split: No Lot shall be split, divided, or subdivided for sale, resale, gift, transfer or otherwise so as to create a new lot.
(C) 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 of said Lots in the Subdivision.
(D) Plan Approval: For the purpose of maintaining specific guidelines and standards for the development of all Lots within the Subdivision, no dwelling, garage or driveway or any addition thereon or alteration thereof shall be erected, placed or suffered to remain upon any Lot unless or until the size, location, type and style of architecture, materials of construction, color scheme, grading plan of the Lot including the grade elevation of the dwelling, plat plan showing the proposed location of the dwelling upon the Lot, landscape plan, and specifications therefore have been submitted, in writing, to and approved by the Association. Each Lot Owner shall be required to submit two (2) sets of complete building and site plans with specifications for the building intended to be erected thereon to the Association, or its assignee, setting forth the general arrangements of the interior and exterior of the structure including the color and texture of the building materials, the type and character of all windows, door, exterior light fixtures, and appurtenant elements such as decorative walls, chimneys, driveways and walkways, and detailing the location of the structure on the Lot including setbacks, driveway locations, garage openings, orientation of the structure to the topography, and conformance with the grading and drainage plan. Each Lot Owner shall also be required to submit a written statement of compliance with the Development Standards and Design Guide referenced in Article 1, Sections F and G of these covenants. Each Lot Owner covenants that no excavation shall be made, no building shall be erected, and no materials shall be stored upon the premises by said Lot Owner or his agents, heirs, successors or assigns until the Association has approved said plans and specifications in writing. lf the Association fails within thirty (30) days after receipt of said plans and specifications to either approve or disapprove said plans and specifications, they shall be deemed to have been approved and the requirements herein fulfilled. lf the Association disapproves said plans and specifications, the Lot Owner may revise and resubmit said plans and specifications until approval is received. lf satisfactory plans and specifications are not received or approved by the Association within one (1) year following conveyance of title to said Lot Owner (or such extension of time as the Association may, at its sole option, extend), the Association reserves and each Lot Owner hereby acknowledges the right of the Association, at its option, to repurchase the Lot at the original purchase price thereof as evidenced by the closing statement executed at time of purchase. lf the Association ceases to exist as an entity and this right of approval shall not have been specifically assigned to a successor in interest (which assignment shall be in writing and filed with the Recorder of Franklin County, Ohio), then the approval required hereunder shall be unnecessary and the provisions of this Section (D) shall be architectural inoperative.
Each Lot Owner acknowledges that in considering plans and specifications submitted, the Association will take into consideration plans and specifications already approved or in the process of being reviewed for approval of proposed improvements on adjacent Lots and the effect of said proposed improvements on the Lot with reference to its effect upon the neighboring properties and overall development of the Subdivision. Each Lot Owner further acknowledges that the Association may require submission of samples of material to be used in the construction of said single-family residence as a condition of the approval of said plans and specifications. Additionally, each Lot Owner further acknowledges that the Association Shall not be responsible or liable to said Lot Owner or to any other owner of Lots in the Subdivision by reason of the exercise of its judgment in approving or disapproving plans submitted nor shall it be liable for any expenses assumed by any Lot Owner in the preparation, submission and, if necessary, resubmission of proposed plans and specifications.
Each Lot Owner further agrees that no tree removal, excavation, construction or other site work which would in any way alter the Lot from its present state shall be commenced until the plans and specifications shall first have been approved in writing by the Association in accordance herewith.
Within the drainage easement areas designated on the recorded flat of THE WOODS OF INDIAN RUN, no structure, planting or other material shall be placed or permitted to remain which may damage or Interfere with the installation and the direction of the flow of the drainage channels or water over said easement area. The easement area of each Lot and all surface improvements thereon shall be maintained continuously by the owner of said Lot, except for those improvements for which a public authority or public utility company is responsible.
(E) Building Location: No building shall be located on any Lot nearer to the front line or nearer to a side street line or any lot line than the minimum building setback lines shown on the recorded plat. The setback lines shall be as follows: The greater of (1) the distance provided for on each lot on the final recorded plat of THE WOODS OF INDIAN RUN or the following distances:
(1) From the front lot line (facing the street), a minimum of twenty-five (25) feet.
(2) From the rear lot line, a minimum of fifteen (15) feet.
(3) From the side yard lot line, a minimum of six (6) feet; however, the total of both side yard lot lines shall be no less than fourteen (14) feet.
(4) No more than two adjacent dwellings fronting on the same street may be constructed at the same setback. Variation in setback must be a minimum of five (5) feet.
No portion of any Lot nearer to any street than the building setback lines shall be used for any proposes 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 lines of the building thereon, excepting ornamental railing or fences not exceeding three (3) feet in height located on or adjacent to entrance platforms or steps. Nothing herein contained, however, shall be construed as preventing the use of such portion of the Lots for walks, drives, the planting of trees or shrubbery, the growing of flowers or other ornamental plants, or for small statuary entrance-ways, fountains or similar ornamentation for the purpose of beautifying said premises.
(F) Development Standards. The Association's development standards, adopted from the developer's original standards, are incorporated herein and attached hereto as ''Exhibit A."
(G) Design Guide. The Association's design guide, adopted from the developer's original design guide, is incorporated herein and attached hereto as ''Exhibit B.''
(H) Review Board. The Association's Review Board, consisting of members of the Association appointed by and reporting to the Board of Trustees, shall be responsible for the Subdivision's Development Standards and Design Guide.
The Review Board's duties shall include but not be limited to recommending changes in the Development Standards and Design Guide to the Association and approving Lot Owner applications for building and/or remodeling plans.
(I) Temporary Residence: No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently, without the express written consent of the Association.
(J) Temporary Structure: No temporary building, trailer, garage, storage building or other structure shall be placed upon any Lot for storage, either temporarily or permanently, without the express written consent of the Association.
(K) Animals: No animals, birds, insects, livestock or poultry of any kind shall be raised, bred or kept on any Lot except dogs, cats or other household pets which are kept for domestic purposes only, and are not kept, bred or maintained for any commercial propose. No more than two (2) dogs or two (2) cats may be kept on any Lot except such dogs or cats in excess of such numbers that are less than three (3) months of age.
(L) Waste Disposal: No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage and other waste shall not be kept on any Lot except in sanitary containers. All containers for the storage or disposal of such material shall be kept in a clean and sanitary condition and removed from view from the street and abutting properties by a screening wall of approved fencing or landscape material.
(M) Soil Removal: No soil shall be removed from any Lot for any commercial purpose.
(N) Clothes Lines: No clothing or any other household fabrics shall be hung in the open on any Lot, and no outside clothes drying or airing facilities shall be permitted.
(O) Nuisances: No obnoxious or offensive activity shall be permitted on any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
(P) Vehicles Not in Use: No automobile or any motor-driven vehicle shall be left In public view for a period longer than thirty (30) days in a condition wherein it is not able to be operated upon the public highway. After such period, the vehicle shall be considered a nuisance and detrimental to the welfare of the above-described real estate and shall be removed therefrom.
(Q) Hobbies: Hobbies or other activities which tend to detract from the aesthetic character of the Subdivision, and any improvements used in connection with such hobbies or activities, shall not be permitted unless carried out or conducted within the building erected upon the Lot and not viewable from either the street or adjoining properties. This restriction refers specifically but not exclusively to such activities as automobile, bicycle, moped, motorboat and sailboat repair.
(R) Pleasure and Utility Vehicle Parking and Storage: No truck, trailer, boat, camper or other recreational vehicle, commercial vehicle or utility vehicle and equipment including mowers, tractors and other lawn or garden equipment shall be parked or stored on any Lot unless it is in a garage or other vehicle and/or equipment enclosure out of view from the street and abutting properties; provided, however that nothing herein shall prohibit the occasional nonrecurring temporary parking of such truck, trailer, boat, camper, recreational vehicle or commercial vehicle on the premises for a period not to exceed seventy-two (72) hours in any period of thirty (30) days. The word ''truck'' shall Include and mean every type of motor vehicle other than passenger cars and other than any pickup truck or sport utility vehicle (SUV) which is used as an automobile by an owner of a Lot and his family.
(S) Driveways: With the exception of driveways installed on or before July 1, 1998, all driveways shall be either concrete, concrete with concrete pavers, or brick. Non-concrete/non-brick driveway materials are prohibited.
(T) Garage: No dwelling shall be constructed on any Lot unless an enclosed garage for at least two (2) automobiles is also constructed thereon.
(U) Signs: No signs of any kind shall be displayed to the public view on any Lot except a temporary sign of not more than six (6) square feet advertising the property for sale or rent, signs used by a builder to advertise the property during the construction/sales period, and signage utilized at the entranceway to the Subdivision denoting the name of the Subdivision. The Association reserves the right to establish standards for uniform signage and the total number of signs to be used by each builder and real estate broker during the construction and sales period of any Lot.
(V) Antennas: Television and radio antennas, including dish-type satellite signal receiving earth stations greater than 24 inches in diameter, whether roof-top or ground mounted shall be prohibited on the exterior of any house or Lot. No towers of any kind including but not limited to television, radio and/or microwave towers shall be erected, placed or maintained on any Lot in the Subdivision.
(W) Storage Tanks: With the exception of propane tanks less than 50 pounds capacity for barbecue grills, no storage tank including but not limited to a tank used for storage of water, gasoline, oil, other liquid or any gas shall be permitted on any Lot.
(X) Fencing Lots: With the exception of permissible fences installed on or before July 1, 1998, which meet Subdivision Development Standards ("Exhibit A''), no fencing of any type shall be permitted on any Lot without the express written permission of the Association. If the Association elects to permit a Lot Owner to install a fence, no chain link, cyclone wire or other similar type metal fencing shall be constructed on any Lot.
(Y) Wells: No well, either temporary or permanent, for gas, water, oil or other substance shall be erected, placed or suffered to remain upon any Lot, nor shall any Lot be used for any purpose which may endanger the health or unreasonably disturb the quiet possession of the owner(s) of any Lot within or without the Subdivision.
(Z) Swimming Pools: No swimming pool measuring more than forty-eight (48) square feet shall be constructed or maintained above the finished grade at its location as shown on the master grading plan for the Subdivision.
(AA) Permanent Sporting Facilities. No tennis courts/platforms, ice rinks, lined fields, basketball courts or other permanent sporting facilities shall be installed or placed for use on any Lot. A basketball pole or net affixed to a garage for driveway use is permitted.
(AB) Mail Boxes: As determined by mailbox posts within the Subdivision the Association, all mailboxes and shall be of uniform design and construction, and mailboxes and mailbox posts shall have a uniform stain. With the prior written approval of the Association, mailboxes and mailbox posts may be stained with non-standardized colors that match the trim of the dwelling.
(AC) Landscaping: The builders and subsequent owners of each Lot shall be solely responsible for meeting the landscaping requirements of Chapter 1187 of the Dublin City Code as it now exists or may be hereafter amended.
(AD) Sidewalks: The builders and subsequent owners of each Lot shall be solely responsible for the installation and maintenance of sidewalks on the Lot.
(AE) Yard Lights: The builder of each lot shall provide, and subsequent owners shall maintain, a minimum of one exterior pole lamp to be located near the driveway in the front of each dwelling. Identification of the owner may be added if desired. The selection and placement of such lamps shall be made from standard designs acceptable to the Association. See ''Exhibit B.'' Lights, including area lights (no glare), shall not distort neighboring property. Lights shall be operated from dusk to dawn, every night.
(AF) Minimum Square Footage: The minimum square footage requirement for the main structure of each dwelling (exclusive of basements, open porches, garages and unfinished areas), erected, placed or structurally altered on any lot shall be 2,500 square feet for any ranch-type dwelling and 2,700 square feet for any other type dwelling.
(AG) Underground Utilities: All pipes, electrical lines, cable TV, and telephone lines shall be located underground and in accordance with the Dublin City Code.
(AH) Grading and Drainage: No construction, grading or other improvements shall be made to any Lot if such improvements would interfere with or otherwise alter the general grading and drainage plan of the Subdivision or any existing scales, floodways, or other drainage configurations.
(AI) Entranceway Easements: Easements are herein reserved over the recorded easement and setback (or building line) areas for Lots Number One (1), Ninety-four (94), Ninety-five (95), and Ninety-six (96) of the Subdivision, as shown on the recorded plat of the Subdivision, for the installation of improvements, repairs, and maintenance of the entranceway facilities. Any Lot Owner of such Lots Number One (1), Ninety-four (94), Ninety-five (95), and Ninety-six (96) shall at all times keep such areas accessible for maintaining and repairing the entranceway facilities, and such Lot Owner, by his acceptance of a deed to such Lot, agrees to be bound by these conditions.
(AJ) Alterations to Entranceway: No building, wall, fence, other structure, or landscaping shall be added to or removed from the entranceway improvements without the consent, expressed in writing, by the Association. Such consent shall be provided for by the Association according to its rules and regulations established for maintenance of the entranceway.
(AK) Sight Distance at Intersections: No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street line or, in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any Lot within ten (10) feet from the intersection of a 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 heights to prevent obstruction of such sight lines.
(AL) Property Maintenance: Each Lot Owner agrees to maintain his lawn and home in a neat manner, providing appropriate upkeep when and where necessary, so as not to diminish the value of his lot or the Subdivision in general.
(A) Term: These covenants are to run with the Lots and shall be binding on all Owners of the above-described real estate until January 1, 2022, 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 Lot Owners is recorded agreeing to change said covenants In whole or in part.
(B) Enforcement: Enforcement to restrain violations or recover damages shall be by proceedings in law or in equity or both by any Owner of any part of the above-described real estate or by the Association against any person or persons violating or attempting to violate any covenant contained herein. No failure to object to violations of any restriction or to enforce any restriction shall be deemed a waiver of the right to do so thereafter, either as to the same violation or as to one occurring prior to or subsequent thereto.
(C) Severability: Each of these covenants contained herein is independent and separate. In the event that any one or more of these covenants shall for any reason be held invalid or unenforceable, all remaining covenants shall nevertheless remain in full force and effect.
Acceptance: By accepting a deed to any of the above-described real estate, a Lot Owner accepts the same subject to all covenants herein contained and agrees for himself, his heirs, successors and assigns to be bound by each of such covenants jointly.
Amendment by Association: The Association hereby reserves the right to amend or modify these restrictions by a declaration of amendment if such amendment shall be requested or required by a governmental authority or agency having jurisdiction over the Subdivision.
(A) Association Members: Every Lot Owner in THE WOODS OF INDIAN RUN
shall become a member of the Association, and each such owner shall be entitled to one vote on each matter submitted to vote by the Association; provided, however, that where title to a Lot is in more than one person's name such co-owners acting jointly shall be entitled to only one vote. Association members mutually agree and covenant to each other to abide by the regulations of the Association.
(B) Assessments: The Association shall be empowered to collect assessments for the maintenance of the entranceway and the fulfillment of its other obligations as hereinafter provided. Any assessments established by the Association shall be levied in equal amounts as to each of the Lots. As soon as shall be practicable after determination that an assessment is needed, the Association shall send a written statement to each Lot Owner setting forth the amount and method of calculation of the amount assessed against each Lot and the time when the same is due. The assessments may be billed in a lump sum or in installments as the Association shall, in its sole discretion, determine. No assessment shall become due and payable unless written notice has been sent or delivered to the Lot Owner obligated to pay the same at least ten (10) days prior to the due date thereof, or, if payable In installments, the due date of the first installment.
In the event any amount so assessed or levied is not paid when due and remains in arrears for more than thirty (30) days, the Association may charge interest on the entire unpaid balance at the highest rate of interest then permitted by law or such lower rate as the Association may from time to time determine. The Association shall cause to be filed with the Franklin County, Ohio Recorder a notice of lien describing the Lot and the assessment amount and interest due. The notice of lien shall be executed in accordance with the formalities then required to record a lien against real estate. All assessments, together with interest and costs, shall be a charge and a continuing lien in favor of the Association upon the Lot against which each such assessment is made. Each assessment, together with interest and costs, shall also be the joint and several personal obligations of the Lot Owner(s) who owned the Lot at the time when the assessment fell due.
Upon written demand by a Lot Owner, the Association shall, within a reasonable period of time, issue and furnish to each Lot Owner a certificate stating that all assessments or installments thereof (including interest and costs, if any) have been paid with respect to any specified Lot as of the date of such certificate, or, if all assessments and installments thereof have not been paid, setting forth the amount (including interest and costs, if any) due and payable as of such date. The Association may make a reasonable charge for the issuance of such certificates, which must be paid at the time that the request for such certificate is made. Any such certificate, when duly issued as herein provided, shall be conclusive and binding with regard to any matter therein stated as between the Association and any bona fide purchaser of, or lender on, the Lot in question.
Notwithstanding the foregoing, the lien of the assessments provided for herein shall be subject and subordinate to the lien of any duly executed first mortgage on a Lot recorded prior to the date of which such lien of the Association arises. Any holder of such first mortgage which comes into possession of a Lot pursuant to the remedies provided for in the mortgage, foreclosure of the mortgage, or deed or assignment in lieu of foreclosure, and any purchaser at a foreclosure sale, shall take the Lot free of any claims for unpaid installments of assessment or charges against the mortgaged Lot which became due and payable prior to the time such holder or purchaser took title to that Lot.
(C) Authority to Assign or Enter into Contracts: The Association shall have the power and authority to contract with any person, corporation, firm or other entity for the exercise of any one or more of the various powers and authority granted to and duties to be performed by the Association hereunder.
Further, any of the rights, powers, duties and obligations of the Association may be assigned or transferred by the Association to any one or more corporations, associations, or entitles which agree to assume said rights, powers, duties, and obligations and carry out and perform the same.
IN WITNESS WHEREOF, said THE WOODS OF INDIAN RUN HOMEOWNERS' ASSOCIATION, an Ohio Corporation, has caused this instrument to be executed by its duly authorized representative this 27th day of September, 1998.
Signed and acknowledged in the presence of:
Witness, Cynthia A. Flynn
THE WOODS OF INDIAN RUN HOMEOWNERS' ASSOCIATION, an Ohio Corporation
Witness, Robert B. St. Clair
By: Theresa A. Woodward, President
STATE OF OHIO
COUNTY OF FRANKLIN
The foregoing instrument was acknowledged before me this 27th day of September, 1998, by Theresa A. Woodward, President of The Woods of Indian Run Homeowners' Association, an Ohio Corporation, on behalf of the corporation.
This instrument prepared by:
Robert B. St. Clair, Esq., Evans St. Clair & Bainter LLP, 480 South High Street,
Columbus, Ohio 43215-5603; Telephone: (614) 464-4100, Fax: (614) 464-3066