WOODLAND HILLS SUBDIVISION

NUMBER 5

 

PROTECTIVE COVENANTS

 

 

 

1.                Building sites shall be used and occupied solely for private residential purposes by single family,

     including family servants.  Each single family home must have an attached two car, or larger, garage.

 

2.                The living space above grade for a one story dwelling exclusive of open porches and garages,

     erected upon said above described lots, shall be not less than 1,500 square feet total square fee.  The

     living space of a one and a half story, two-story or tri-level dwelling, exclusive of open porches and

     garages, erected on said above-described lots, shall be not less than 1,700 total square feet.  Each home

     must have a minimum 5:12 roof pitch.  No cinder or cement block structure shall be permitted on said    

     lots except as foundation.  The dwelling unit must be completed within a six-(6) month period from the

     start of construction.  No manufactured homes or other types of housing structures which are built

     and assembled at another location will be permitted.

 

3.                No house trailers or mobile homes will be permitted to be moved onto any lot in this subdivision.

 

4.                Drives for single family homes shall be at least sixteen (16) feet in width and constructed of

     concrete or paving brick.  Construction of sidewalks within the street right-of-way shall be the

     responsibility of the Lot owner in accordance with the City of Wapakoneta Specifications.

 

5.                No noxious or offensive activity shall be carried on or upon any lot in said above described plat,

     nor shall anything be done thereon which may be or may become an annoyance or nuisance to the

     neighborhood.

 

6.                No trailer, basement, tent, shed, garage, barn or other outbuildings shall be used on any lot at any

     time either as a temporary or permanent dwelling.

 

7.                No signs of any king shall be displayed to the public view on any lot in said plat, except one of the

     following types:

 

1.      One (1) sign advertising the property for sale or rent.

2.      One (1) sign to advertise the property during construction, development and sale.

 

8.                No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot in said plat

     excepting dogs, cats or other household pets, not to exceed a total of two (2) pets, providing they are

     not kept, bred or maintained for any commercial purpose.  Kennels are hereby strictly forbidden.

 

9.                No lot in said plat shall be used or maintained as a dumping ground for rubbish or trash.  Garbage

     or other wastes shall be kept only in sanitary containers.  All lots shall be mowed and the grass kept

     neat, trimmed and cut at all times.

 

10.            These covenants, restrictions and limitations shall be binding on all parties hereto and all owners

     of lots in said plat for a period of ten (10) years from this date, after which time, such covenants,

     restrictions and limitations shall automatically extend for successive periods of one (1) year unless an

     instrument in writing, signed by majority of the owners of the lots in the premises, has been recorded

     agreeing to change said covenants, restrictions, or limitations in whole of in part, which agreement

     shall specifically enumerate the changes thereof.

 

11.            No trucks or trailers other than those used for family purposes, of any type shall be parked, kept or

     stored on any lot in said subdivision unless the same be parked, and kept or stored in a garage or other

 

 

 

WOODLAND HILLS SUBDIVISION

NUMBER 5

 

PROTECTIVE COVENANTS

 

 

 

     accessory building which has been erected with the consent and approval of the developer, or its

     assignee.  No boats, trailers, motor homes or other chattels of similar nature shall be stored or

     maintained on any lot in said subdivision for a period of longer than three (3) days.

 

 

 

12.            No owner of any Lot shall interfere with the natural flow of surface water through drainage swales

     or drainage pipes on his Lot.

 

13.            Enforcement of the terms of these restrictions shall vest in each of the Lot owners of this

     development.  Said Lot owners may, at their discretion, join together to enforce any and all of the

     Terms of this agreement.

 

         Enforcement shall be proceedings in law or in equity against any persons or legal entity

         violating or attempting to violate any covenant, restrictions, or limitations.  These remedies are

         available to any lot owner of said above-described premises who may seek both a restraint of such

         violation and damages thereof.

 

14.            All easements and right-of-way are reserved in and over such said lots as are shown on said plat,

     For the construction therewith for the transmission of electricity, for telephone and drainage facilities

     including surface drainage and other purposes;  also for the construction, operation and maintenance of

     drains, sewers and pipe lines for supplying gas, water, heat and for any other public or quasi-public

     utility or function maintained, furnished or performed in any method beneath the surface of the ground.

     Easements shown upon the plat may also be used by utility companies as circumstances require.

 

15.            No fence shall be erected on any lot in this subdivision without the express written approval of the

     Developer or its assignee.  Any application for the construction of a fence shall show the location,

     height and type of material and if approved and built shall be properly maintained at tall times.

 

16.            No televisions, radio or other type of external antenna or receiving dish shall be installed on any

     lot with out the express written approval of the Developer or its assignee,  Approval will only be

     granted if the design and location is determined by the developer or its assignee,  at its sole discretion,

     to be of no detriment to the ascetics of the neighborhood.

 

17.            In the event that there is invalidation of any one of these covenants, changes restrictions or

     limitations by judgment or order of any court of competent jurisdiction, the same shall in no way affect

     any of the other provisions hereof, which shall remain in full force and effect.

 

18.            No structure including the main residence, garages, out buildings or storage sheds shall be erected

     on any lot in the subdivision until the plans and specifications have been approved, in writing, as to

     location, grade, elevation, size of structure and external design, by an Ohio Corporation, the Developer. 

     The original committee shall consist of John A. Schlenker, Philip E. Schlenker and David P. Schlenker.

     The building plans shall include at least a site plan, elevation plan and floor plan.

 

                    In the event of the death or resignation of any member of the committee originally appointed, the remaining

                        member or members of the committee shall have the power to appoint new members to fill the vacancies.

 

WOODLAND HILLS SUBDIVISION

NUMBER 5

 

PROTECTIVE COVENANTS

 

 

 

                        In the event such architectural committee fails to approve or disapprove said plans and specifications within

                        thirty (30) days after being submitted to them, then such approval shall not be required, provided the design is

                        in harmony with similar structures in the development and conforms to all other covenants, restrictions and

                        conditions set forth herein.

 

19.            These Protective Covenants are in addition to any applicable City of Wapakoneta building and

     zoning regulations

                   

 

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