DECLARATION OF SUBDIVISION RESTRICTIVE COVENANTS
HIGHLAND HILLS SUBDIVISION PHASE I
The undersigned (the Declarant”), being the owner of the following described real property.
Situated in the State of Ohio, County of Licking Township of Harrison:
Being Lots Numbered One (1) through Forty-Four (44), both inclusive, of Highland Hills Subdivision,
Phase I, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book
15, Pages 291 through 294, Recorder’s Office, Licking County, Ohio.
The foregoing is hereinafter referred to as “lot,” “lots,” “premises,” “subdivision” or “property” and Declarant
does hereby make, declare, impose and adopt the following covenants, restrictions and limitations upon the uses
of the property and in furtherance of the following purposes:
(a)
(b)
(c)
(d)
(e)
the compliance with all zoning and similar governmental regulations;
the promotion of health, safety and welfare of all present and future owners and residents of the
property;
the preservation, beautification and maintenance of the property and the structures thereon;
the preservation and promotion of environmental qualities;
the establishment for the development of the Property, of requirements relating to land use,
architectural features and site planning.
These restrictions and covenants are hereby declared to inure to the benefit of the Declarant, its successors and
assigns, all utility companies or agencies or instrumentalities of local government providing utility services, and
all future owners of any lot and all others claiming under or through them (“Owners”).
It is hereby declared that irreparable harm will result to the Declarant and other beneficiaries of these restrictive
covenants by reason of violation of the provision hereof or default in the observance thereof and therefore, each
Owner shall be entitled to relief by way of injunction, damages or specific performance to enforce the
provisions of these restrictive covenants as well as any other relief available at law or in equity.
In pursuance of a general plan for the protection, benefit and mutual advantage of the Property described above
and of all persons who now are or may hereafter become owners of any of the Property or plats thereof, the
following restrictions, conditions, easements, covenants, obligations, and charges (hereinafter collectively
called “restrictions” or “covenants” are hereby created, declared and established:
ARTICLE I
1.
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 detached single-family dwelling not to exceed two and
one-half stories in height including a private, attached garage. Although pre-fab dwellings are
permitted, no modular or mobile dwellings will be allowed other than those used by the Builder in the
construction of a single family dwelling. All home exteriors will be earth-tone colors.
2.
DWELLING SIZE:
All dwelling units will have a net living area of at least fourteen hundred (1,400) square feet of livable
space, exclusive of basements, garages, and open porches and patios, with an attached two (2) car
garage.
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3.
BUILDING LOCATION:
No building shall be located on any lot nearer to the front lot line or nearer to a side street line than the
minimum building setback lines shown on the recorded plat. For the purposes of this covenant, eaves,
steps and open porches shall not be considered as a part of the building, provided however, that this shall
not be construed to permit any portion of a building on a lot to encroach upon another lot.
4.
NO BUILD ZONES:
All area designated on the plat as “open space” will be” no build zones.” In addition, lots 1-4 on the
North side of the development will have one-hundred (100) feet of no build zones to the rear of each lot.
No structures can be built in a no build zone and no trees can be removed unless dead or for the
construction of utilities. In addition, a double row of evergreens will be planted at the rear of lots 1
through 4, fifteen (15) feet on center.
5.
DRAINAGE:
No fence or structure shall be built or drainage plan altered to the detriment of the other owners within
the subdivision. Any fence, hedge, planting or structure placed within a utility easement is subject to the
use of said easement and is the sole responsibility of the owner of the land. The finish grade of any lot
shall substantially comply with the finish grade and drainage plan as set forth for the master plan of the
subdivision.
A.
WATERCOURSE EASEMENTS:
The following restrictions shall apply to all lots shown to have a “drainage easement” within
their boundaries. All drainage easement widths shall be as shown on the plat and measured each
way of the center of the watercourse, unless otherwise noted. A watercourse shall be defined by
any storm water flow or storm sewer pipe above and below the ground.
1.
No structure or improvement of any kind, including sheds, fences, flower beds, rock
gardens and trees (excluding grass and approved bank protection), shall be erected or
planted within the easement provided for the watercourse.
2.
No owner shall take any action or permit any action to be taken that might change or
divert the flow of the watercourse, nor shall he, within the easement provided, alter the
ground level or the course of the watercourse as shown on the Highland Hills plat. An
owner may provide bank protection to the watercourse upon securing written approval
from the Licking County Engineer’s Office or the Licking County Flood Plain
Administrators.
3.
Every owner of property along the watercourse shall maintain the portion of said
watercourse in his property and keep the same free of debris and obstruction of all kinds.
The County shall be free of any responsibility toward maintaining the watercourse.
4.
These restrictions and agreements shall run with the land and shall bind the owner, his
successors and assigns unless and until a modification or change thereto is agreed to and
approved by Licking County.
5.
Said restrictions and agreements may be enforced by Licking County and its successors
and assigns, and are for the benefit of said County and owners of neighboring property in
such proximity to the above described premises that the violation of said restrictions and
agreements would adversely affect the value of such property or the enjoyment of the use
thereof.
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6.
The failure of said County to take prompt action by injunction or otherwise with regard to
a violation of any of these restrictions and agreements shall not be deemed to be a waiver
of its (County) rights to take action for said violation or any further violation of any said
restriction and agreements.
The Reserve “A” and “B” as shown on the plat shall be covered by a blanket drainage easement
which reserves all rights as indicated above under “Watercourse Easements”
6.
SIGHT DISTANCE AT INTERSECTION:
No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 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 25 feet from the intersection of
the street lines, 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 10 feet from the
intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be
permitted to remain within such distances of such intersections unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight-lines.
7.
EASEMENT:
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on
the recorded plat. Within these easements, no structures, plantings or other material shall be placed or
permitted to remain which may damage or interfere with the installation and maintenance of utilities, or
which may change the direction of flow of drainage channels in the easements, or which may obstruct or
retard the flow of water through drainage channels in the easements. The easement area of each lot and
all improvements in it shall be maintained continuously by the owner of the lot, except for those
improvements for which a public authority or utility company is responsible.
The owner of each lot covered by these covenants shall have an easement over all lots adjoining his
property to discharge over those lots all surface waters that naturally rise in or flow or fall upon his
property. All lots are subject to such an easement in favor of the owners of adjoining lots and their
successors and assigns, which easement shall be a covenant running with the property. Any owner of a
lot who, in violation of this covenant, institutes any legal proceeding against any adjoining owner for
discharge of surface waters over his property shall be liable to indemnify and hold harmless the owner
against whom the proceedings have been instituted from any and all attorney’s fees, damages assessed
or other legal expense or cost of any kind incurred in the defense of the proceeding.
8.
NUISANCES:
No obnoxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon
which may be or become an annoyance or nuisance to the neighborhood.
9.
TEMPORARY STRUCTURES:
No structure of a temporary nature, trailer, basement, tent, shack garage, barn or other outbuildings,
including a tool storage building, other than those used by the Builder as a temporary construction trailer
shall be used on any lot at any time as a residence, either temporarily or permanently.
10.
ANIMALS:
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs,
cats or other household pets may be kept provided they are not kept, bred or maintained for any
commercial purpose.
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11.
WASTE DISPOSAL:
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 material shall be kept in a sanitary condition.
12.
MISCELLANEOUS RESTRICTIONS:
The following structures as improvements shall not be permitted on any lot in the subdivision.
a.
satellite dishes having a diameter larger than 24 inches;
b.
above-ground pools;
c.
solar panels;
d.
no window air conditioning units facing the street.
13.
VEHICLES NOT IN USE:
No automobile or motor driven vehicles shall be left upon a lot for a period longer than thirty days in a
condition wherein it is not able to be operated upon the public highway, after which time the vehicle
shall be considered a nuisance and detrimental to the welfare of the neighborhood and shall be removed
from the lot. No trucks, commercial vehicles, boats, trailers, campers or mobile homes shall be parked
or stored on any lot 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 the reasonable use of such vehicles as may be
necessary during construction of a home on any lot shall not be prohibited by this requirement.
14.
SIGNS:
No sign of any kind shall be displayed to the public view on any lot, except one professional sign of not
more than two square feet, one temporary sign of not more than 12 square feet advertising the property
for sale or rent, or signs used by a builder to advertise the property during construction and sales period.
15.
FENCING:
Only wood fencing will be permitted but shall not exceed six feet in height and shall be no closer to the
street than the structure building line.
16.
LIGHTING:
All lots will contain one free-standing, electric pole light, model type to be selected by builder.
17.
HOMEOWNER’S ASSOCIATION:
In order to provide maintenance of the detention basin/reserve area and entrance area within the
subdivision, to contribute to the enjoyment of the owners of the common areas of the subdivision and to
provide for other matters of concern to the owners of lots within the subdivision. Declarant has the
right, at its sole discretion, to organize an Ohio not-for-profit corporation (the Association”). The
purpose of the Association shall be primarily to maintain aesthetically and functionally the detention
basin (denoted as Reserve “A” on the recorded plat) and entrance area; if necessary to establish rules
and regulations pertaining to the maintenance and use of the detention and entrance area; and to take
other action as the Association is authorized to take pursuant to its Articles of Incorporation and Code of
Regulation on this Declaration. The Association membership shall be comprised of the record owners
of all lots in the subdivision, including additional lots and phases or sections in said subdivision that may
be added hereto at a later time. The owners of each lot shall have one (1) vote for each lot owned in all
elections and in all matters requiring a vote as set forth herein or in the Articles of Incorporation or Code
of Regulations of the Association. Declarant shall be a member of the Association so long as it owns
one or more of said lots. The actions of the Association shall be subject to the consent of sixty percent
(60%) of the votes allotted herein, subject to the quorum provisions set forth in the Associations’
Articles of Incorporation or this Declaration. Joint, common or other multiple ownership of any of the
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lots shall not entitle the owners thereof to more than the number of votes which would be authorized if
such lot was held under one name.
18.
ASSESSMENTS:
Each owner of any lot, by acceptance of a deed or other conveyance thereto, whether or not it shall be so
expressed in such deed or conveyance, is deemed to covenant and agrees to pay to the Association an
annual assessment for the costs, fees and charges incurred by the Association (or the Declarant to the
extent applicable) in carrying out the Associations’ rights, duties and obligations set forth in this
Declaration or its Articles of Incorporation or Code of Regulations. By way of example, but not of
limitation, such expenses include reasonable management and professional fees and charges with
reference to the administration of the Association pursuant to the terms of this Declaration in providing
repair, replacement, maintenance and other services including reasonable reserves for such costs on
behalf of the Association (“Common Expenses”) and special assessments (as hereinafter provided).
(1)
Annual Assessment for Common Expenses:
( a ) Initial Assessment:
Until January 1, 1998, the maximum annual Common Expense assessment per lot shall
be Fifty and no/100 ($50.00).
(b)
Annual Assessment Increases:
From and after January 1, 1998, the annual assessment for Common Expenses as stated
above may be increased each year by the Trustees of the Association not more than
fifteen percent (15%) above the assessment for the previous year.
(c)
Special Increases:
From and after January 1 of the year immediately following the conveyance by Declarant
of the last lot to an owner, the annual assessment for Common Expenses may be
increased above the increase permitted by paragraph (1) (b) above, by a vote of sixty
percent (60%) of the total votes of all owners of lots present at a meeting duly called for
this purpose.
(2)
Special Assessments for Capital Improvements
In addition to the annual assessments authorized above, the Association may levy, in any
assessment year, a special assessment applicable to that year only for the purpose of defraying, in
whole or in part, the cost of any construction, reconstruction, repair or major maintenance related
to the Association property, provided that any such assessment shall have the assent of 60
percent (60%) of the total votes of all owners of lots at a meeting duly called for this purpose.
(3)
Notice of Meeting and Quorum for any Action Authorized Under Paragraphs (1) and (2) above:
Written notice of any meeting of the members called for the purpose of taking any action
authorized under paragraphs (1) and (2) of this section shall be sent to all members not less than
thirty (30) days nor more than sixty (60) days in advance of the meeting. At such meeting, the
members present in person or by proxy shall constitute a quorum.
(4)
Date of Commencement of Annual Assessment; Due Dates:
The annual assessments for Common Expenses shall commence as to lots on January 1 next
following the filing of Articles and Incorporation for the Association. The Association shall fix
the amount of the annual assessment for Common Expenses against each lot not later than
December 1 of each calendar year for the following calendar year. Written notice of the annual
assessment for Common Expenses shall be sent to every owner subject hereto. Unless otherwise
established by the Association, annual assessments for Common Expenses shall be collected on
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an annual basis and be due no later than February 1. The due date for Special Assessments shall
be established by the Association.
19.
(5)
Lien for Assessments:
All sums assessed to any lot pursuant hereto including those owned by the Declarant, together
with interest and all costs and expenses of collection, including reasonable attorney fees, shall be
secured by a continuing lien on such lot in favor of the association.
(6)
Effect of Nonpayment of Assessments; Remedies of the Association:
Any assessment not paid within thirty (30) days after the due date shall bear interest from the due
date at the rate of twelve percent (12%) per annum. The Association may bring an action at law
against the owner personally obligated to pay the same, or foreclose the lien against the lot. No
owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Association property, or abandonment of the lot.
(7)
Foreclosure:
The lien for sums assessed pursuant hereto may be enforced by judicial foreclosure by the
Association in the same manner in which mortgages on real property may be foreclosed in Ohio.
In any such foreclosure, including reasonable attorney fees. All such costs and expenses shall be
secured by the lien being foreclosed. The owner shall also be required to pay the Association
any assessments against the lot which shall become due during the period of foreclosure, and the
same shall be secured by the lien foreclosed and accounted for as of the date the owner’s title is
divested by foreclosure. The Association shall have the right and power to bid at foreclosure or
other legal sale to acquire the lot foreclosed, and thereafter to hold, convey, lease, rent,
encumber, use and otherwise deal with the same as the owner thereof.
(8)
Subordination of the Lien to Mortgages:
The lien of the assessments provided for herein shall be subordinate to the lien of any first
mortgage which is given to or held by a bank, mortgage company or other lender, or which is
guaranteed or insured by the FHA or VA. The sale or transfer of any lot pursuant to foreclosure
of such a first mortgage or any proceeding in lieu thereof, shall extinguish the lien of such
assessments as to payments which became due prior to such sale or transfer. No sale or transfer
shall relieve such lot from liability for any assessments which thereafter become due or from the
lien thereof. The Association shall, upon written request, report to any such first mortgagee of a
lot any assessments remaining unpaid for a period longer than thirty (30) days after the same
shall have become due, and shall give such mortgagee a period of thirty (30) days in which to
secure such delinquency before instituting foreclosure proceedings against the lot; provided,
however, that such first mortgage shall have furnished to the Association written notice of the
existence of its mortgage, which notice shall designate the lot encumbered by a proper legal
description and shall state the address to which notices pursuant to this paragraph are to be given.
Any such first mortgagee holding a lien on a lot may pay, but shall not be required to pay, any
amounts secured by the lien created by this Declaration.
EASEMENT RIGHTS:
Every owner of a lot shall have a right and nonexclusive easement of enjoyment in and to the
Association owner property or other Association assets which shall be appurtenant to and shall pass with
the title to every lot, subject to the following provisions:
(1)
The right of the Association from time to time in accordance with its Code of Regulations to
establish, modify, amend and rescind reasonable rules and regulations regarding use of property
and assets.
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(2)
The right of the Association to suspend the voting rights and right to use of the property and
assets by an owner for any period during which any assessment levied under this Declaration
against such owner’s lot remains unpaid, and, for a period of not to exceed sixty (60) days for
any infraction of its published rules and regulations.
(3)
The right of the Association to otherwise deal with the property or assets as provided by its
Articles of Incorporation.
Any owner may delegate, in accordance with the Code of Regulations, the owner’s right of enjoyment to
the property or assets to the members of such owner’s family, tenants, or contract purchasers provided
the foregoing actually reside at the owner’s lot. No damage to, or waste of, Association property or any
part thereof, shall be committed by any owner or any tenant or invitee of any owner. No noxious,
destructive of offensive activity shall be permitted on or in the Association property or any part thereof
nor shall anything be done thereon which may be or may become an unreasonable annoyance or
nuisance to any other owner. No owner may erect any improvements or structure of any kind on the
Association property without prior written approval of the Association.
ARTICLE III
20.
TERM
These covenants are to run with the land and shall be binding on all parties and all persons claiming
under them for a period of thirty years from the date these covenants are recorded, after which time said
covenants shall be automatically extended for successive periods of ten years unless an instrument
signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants
in whole or in part.
21.
ENFORCEMENT:
Enforcement shall be by proceedings at law or in equity or both against any person or persons violating
or attempting to violate any covenant either to restrain violation or to recover damage. No failure to
object to any violation 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 or subsequent
thereto.
22.
SEVERABILITY:
Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the
other provisions which shall remain in full force and effect.
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IN WITNESS WHEREOF; the said Declarant, Parkmead Corporation, an Ohio Corporation has
hereunto caused these presents to be subscribed effective this 14th day of November, 1996.
Signed and acknowledged
in the presence of:
DECLARANT:
PARKMEAD CORPORATION, an Ohio Corporation
__________________________
Alisa K. Argust
By:__________________________
Frank J. Cipriano,
President, Parkmead Corporation
__________________________
Jennifer Carter
STATE OF OHIO, COUNTY OF FRANKLIN, SS:
BE IT REMEMBERED that on the 14th day of November, 1996, before me, the subscriber, a Notary
Public in for said county and state, personally appeared the above named Frank J. Cipriano, President,
Parkmead Corporation, the Declarant in the foregoing instrument, who acknowledged the signing
thereof to be his voluntary act and deed, for and on behalf of Parkmead Corporation.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal on this day and
year aforesaid.
__________________________
Alisa K. Argust, Notary Public
RECEIVED AND RECORDED DECEMBER 20, 1996
AT 9:30 A.M. IN OFFICIAL RECORD
VOLUME 862 PAGE 300
FEE $46.00
ROBERT E. WISE, LICKING COUNTY RECORDER
82312
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