Protective Covenants and
Restrictions
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 26 years from the date these covenants are recorded, after
which time said covenants shall be extended for the successive periods
of 10 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.
ENFORCEMENT -
Enforcement shall be by proceedings at law or in equity against any
person or persons violating or attempting to violate any covenants
either to restrain violation or to recover damages.
SEVERABILITY -
Invalidation of any one of these covenants at judgment or court order
shall in no way affect any of the other provisions, which shall remain
in full force and effect.
Easements for
installations and maintenance of utilities and drainage facilities
will, where necessary, be reserved for such purposes in the conveyance
of the individual lots.
No obnoxious 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.
No structure of a
temporary character, trailer, easement, tent, shack, garage, barn or
other outbuilding shall be used on any lot at any time as a residence,
either temporarily or permanently. Construction or storage trailers or
sheds are permitted while homes are under construction.
No lot shall be used or
maintained as a dumping ground for rubbish except during the period of
construction of the house on the particular lot or house in the
vicinity. 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 clean and
sanitary condition.
All dwellings shall be
constructed in such a manner as to conform with the zoning laws of
Butler County and (West Chester) Township and the building code of
Butler County and (West Chester) Township and the plumbing code of
Butler County, Ohio and any state health regulations which might apply
to this development.
Only one single-family
residence with necessary garage for not more than three automobiles may
be built on any of said lots. Said residence shall not exceed two
stories in height and shall be used for residence purposes only.
Garages shall be built-in or attached to the residence. A private
swimming pool shall be permissible. No house trailer shall be parked on
any of said lots at any time. Campers, boats, trailers or recreational
vehicles may not be stored in front or side yards, except for 48-hour
periods. Out buildings, storage sheds and/or greenhouses must be
attached to the main residential building.
If a one story dwelling
is erected thereon, same shall have not less than 2000 square feet of
living space and if a two-story building is erected on any said lots,
same shall have not less than 2500 square feet of floor space living
area.
All dwellings shall be
set back not less than 50 feet, except where authorized from the front
property line and shall be not nearer than 15 feet minimum from the
side lines of lot.
No animals, livestock or
poultry of any kind shall be raised, bred, or kept on any lot or in the
dwelling or garage erected thereon, except that dogs, cats, or other
household pets may be kept, provided they are not kept, bred, or
maintained for any commercial purpose, nor in such numbers as to become
a nuisance or offensive to other owners.
All lots shall be at
least 100 feet in width at the building line.
No sign of any kind
shall be displayed to the public view on any lot or building except one
professional sign of not more than one square foot. Signs of not more
than five square feet in area advertising the property sale or rent, or
signs used by a builder to advertise the property during construction
and sales period are permitted.
The grades of all lots
shall not be materially altered or changed to adversely affect or
interfere with any other owner.
No fences, walls or
hedges shall be erected or placed on any lot nearer to any street than
the minimum building setback line.
Plans for all residences
shall be approved in writing by the X & S Enterprises, Inc.,
its successors or assigns, before construction on said residence begins.
No part of any driveway
or driveway approach within the road right shall be installed closer
than two (2) feet of any inlet, fire hydrant, pole, guy wire anchor, or
sanitary manhole.