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DECLARATION OF PROTECTIVE COVENANTS
SECTION 1. DEFINITIONS
SECTION 2. PURPOSES
SECTION 3. PERMITTED IMPROVEMENTS
SECTION 4. ARCHITECTURAL CONTROL
SECTION 5. PERMITTED USES
SECTION 6. VARIANCES
SECTION 7. MAINTENANCE
SECTION 8. EASEMENTS RESERVED ACROSS LOTS
SECTION 9. ENFORCEMENT AND REMEDIES FOR BREACH OF PROTECTIVE COVENANTS
SECTION 10. ADDITIONS TO THE PROPERTY BY DECLARANT
SECTION 11. AMENDMENTS TO DECLARATION
SECTION 12. DURATION; TERMINATION
SECTION 13. SEVERABILITY
SECTION 14. ASSIGNMENT OF DECLARANT'S RIGHTS AND DUTIES
SECTION 15. SPECIAL CONDITIONS
SECTION 16.
Disclaimer

 

DECLARATION OF PROTECTIVE COVENANTS

FOR

NOBLE CREEK FARMS SECTION 8

 

THIS DECLARATION is made as of _________________ (date), by Michael and Cathy Howard, "Declarant", under the following circumstances:

A. Declarant is the owner of the real property known as Noble Creek Farms Phase 5  and more fully described in Exhibit A attached to this Declaration (the "Property").

B. Declarant desires to submit the Property to the covenants, conditions, restrictions and easements set forth in this Declaration.

C. Declarant may in the future submit all or part of the real property described in Exhibit B (the "Additional Property") to the provisions of this Declaration.

NOW, THEREFORE, Declarant declares that all of the Property shall be held, developed, encumbered, leased, occupied, improved, built upon, used and conveyed subject to this Declaration.

 

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SECTION 1. DEFINITIONS.

For purposes of this Declaration, unless the context otherwise requires, the words listed in this Section shall have the following meanings:

1.1 Additional Property: The real property described in Exhibit B together with all easements benefiting the real property and all appurtenances.

1.2 Architectural Review Committee: The individuals designated pursuant to Section 4. 1 who shall review and approve all development, construction, landscaping and site plans involving Improvements for the Property in accordance with the terms of this Declaration.

1.3 Declarant: Michael and Cathy Howard, their successors and assigns and the parties described below in Section 14.2.

1.4 Declaration: This Declaration of Protective Covenants for Noble Creek Farms Phase 5 as amended from time to time.

1.5 Improvements: All buildings, outbuildings and garages; overhead, above ground and underground installations, including, but not limited to, utility facilities and systems, lines, pipes, wires, towers, cables, conduits, poles, antennae and satellite dishes; flagpoles; swimming pools and tennis courts;  slope alterations; roads, driveways, uncovered parking areas and other paved areas; fences, trellises, walls, retaining walls, exterior stairs, decks, patios and porches; planted trees, hedges, shrubs and other forms of landscaping that are more than 6 feet high when fully grown; and all other structures of every type. No existing trees with a diameter of greater than two inches shall be cut without approval of the Architectural Review Committee.

1.6 Lot: Each separately-described lot shown on the final plat for Noble Creek Farms Phase 5.

1.7 Owner: Any party holding fee simple title of record to any Lot, including any party selling that interest by land contract, but excluding any party holding an interest merely as security for the performance of an obligation.

1.8 Property: All of the real property described in Exhibit A known as Noble Creek Farms Section 8 together with all easements benefiting the real property and all appurtenances. Upon the submission of portions of the Additional Property to the provisions of this Declaration, in accordance with Section 10, those portions of the Additional Property shall then be deemed part of the "Property."

1.9 Protective Covenants: The covenants, conditions, restrictions and reservations stated in this Declaration as amended from time to time.

 

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SECTION 2. PURPOSES

The Protective Covenants are declared to be in furtherance of the following purposes:

(a) The compliance with all zoning and similar governmental regulations.

(b) The promotion of health, safety and welfare of all Owners and residents of the Property.

(c) The preservation, beautification and maintenance of the Property and all Improvements.

(d) The preservation and promotion of environmental quality.

(e) The establishment of requirements for the development of the Property relating to land use, architectural features and site planning.

 

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SECTION 3. PERMITTED IMPROVEMENTS

3.1 All Lots shall be used exclusively for single-family, private dwelling house purposes. No residence that is more than two stories in height at the frontelevation shall be erected, placed, or permitted to remain upon any Lot. No more than one residence shall be erected, placed, or permitted to remain upon any Lot.

3.2 The only structures other than a single-family private dwelling house thatshall be erected, placed or permitted to remain upon any Lot shall be one private garage, and other Improvements that the Architectural Review Committee has approved as being consistent with the general aesthetic features of Noble Creek Farms Section 8, and temporary structures erected by the Declarant, its successors and/or assigns in connection with the development and/or marketing of the Property. Each home erected, placed or permitted to remain upon lots 69 to 85 shall contain a finished living area of not less than 2000 square feet for a one-story dwelling and not less than 2400 feet for any dwelling exceeding one story in height at the front elevation and upon lots 86 to 102 not less than 2400 square feet for a one story dwelling and not less than 3000 feet for any dwelling exceeding one story in height at he front elevation..

3.3 No structure or other above ground Improvement other than driveways,walkways and sidewalks shall be erected, placed, or permitted to remain on any Lot nearer to the street line or to the boundary lines of such Lot than the minimum building setback lines shown on the recorded plat for the Property.

3.4 Exterior Coverage. For a one (1) story home no more than 25% high quality aluminum or vinyl siding shall be permitted. At least 75% of the siding shall be wood and/or brick/stone. For a two (2) story home no more than 50% high quality aluminum or vinyl siding shall be permitted. The first floor shall be all brick from the top of the foundation to at least eight (8) feet above that point. No artificial wood or stone, nor T-111 shall be permitted. Any aluminum or vinyl siding used on the sides of the residence shall be evenly distributed on the sides with none located any lower than the interior ceiling of ground floor.

3.5 Bathrooms. Each residence shall have a minimum of two full baths.

3.6 Garage. Each residence shall have a minimum of a two car attached garage.

3.7 The roof of every residence, including the roof of the garage, shall be a minimum of 6/12 or greater pitch.

3.8 Each residence shall have an electric light fixture on a pole or post in the front yard. The post or pole shall be set back 75 feet from the street. Each fixture shall have a photoelectric cell to operate for the outside environment. The design and location shall be subject to the approval of the committee.

3.9 All mailboxes shall match and be purchased from the developer for $250.00 and installed prior to occupancy.

3.10 No above the ground swimming pools shall be permitted on any lot. This restriction shall apply to pools designed for use and installation above the ground even if installed completely or partially in the ground.

3.11 Each lot shall be serviced by a hard surfaced drive, of either concrete or asphalt construction and shall be completed prior to occupancy.

3.12 Each lot owner shall invest a minimum of $2,000.00 or its equivalent in landscape and the like for the benefit of the exterior appearance of the lot and the development. All work to be completed within six months of occupancy.

3.13 All driveway culvert pipes to be galvanized CMP (Corrugated Metal Pipe)

3.14 The lot owner shall have all sump pump and foundation drains either connected to the leach field curtain drain or discharge into the road ditch line. If a connection is to be made to the leach field curtain drain, the curtain drains are to be sized to accommodate the increased amount of water. Curtain drains shall discharge into a drainage swale that runs along the side lot lines and flows into the road ditch. Each lot owner is responsible for the construction, if not already existing, of the drainage swales along both sides of the lot prior to occupation.

 

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SECTION 4. ARCHITECTURAL CONTROL

4.1 The Architectural Review Comitee formed for Noble Creek Farms, Section 8, shall have the architectural control over Lots 69 to 102, as described in this Section 4.

4.2 So long as Declarant owns one or more Lots, Declarant shall have the right to appoint all members of the Architectural Review Committee. After Declarant no longer owns any Lots, the Owners shall have the right to select members of the Committee by a simple majority vote of all Owners.

4.3 Before any Owner may start or permit the construction or installation of any Improvement on a Lot, the Owner shall first submit to the Architectural Review Committee for approval two complete sets of building or installation plans for the proposed Improvement, one of which will be retained by the Committee, including plans for grading, surface drainage and drainage swales; screening and/or fencing; complete building design and specification details with elevations and floor plans; landscaping plans; driveway curb cat widths and locations; any underground utility or other installations; and any overhead wiring, cables or other above-ground installations including locations and dimensions of satellite dishes and/or poles. The Architectural Review Committee shall approve, reject or modify the plans in a writing sent to the Owner in question not more than 35 days after the plans are submitted to the Committee. The Committee shall not unreasonably withhold approval of any plans that conform in every way with this Declaration and with the general character of the development on neighboring Lots within the Property. If the Committee fails to approve, disapprove or modify the plans within the above 35-day period, the Committee's approval shall be deemed to have been given, and no further permission shall be needed before the Improvements described in those plans may be constructed or installed. However, in no event shall any Improvements be constructed or installed that violate any terms of this Declaration even if the Committee has expressly approved the construction or installation in writing unless the Committee has granted a variance in writing for the Improvements pursuant to Section 6.

4.4 No Improvement shall be erected or permitted to remain on any Lot which does not have a quality of workmanship equal to or exceeding the workmanship of the existing similar type of Improvements located elsewhere within the Property.

4.5 All Improvements on any Lot shall be started within one year after the date they are approved under this Section 4 and shall be completed within reasonable time after the beginning of construction or installation.

4.6 No building shall be constructed on any Lot unless its external design and color are in harmony with the other buildings of similar use located within the Property.

4.7 During construction or installation of any Improvement of a Lot, the Owner of that Lot shall cause the Lot to be kept free of unsightly accumulations of rubbish and scrap materials and shall cause all construction materials and any temporary structure to be maintained in a neat and orderly manner. All of those materials shall be removed from the Lot promptly after completion of the construction or installation.

4.8 Neither Declarant, the Architectural Review Committee nor any member of the Committee, nor any agent of Declarant or the Committee, shall be liable to any applicant under this Section 4, to any applicant for a variance under either Section 4 or 5, or to any third party, for any damage, loss of expense suffered or claimed by the applicant or any third party on account of (a) any defect in plans or specifications submitted, revised, approved or rejected in accordance with the Protective Covenants or for any structural or other defects in any work done according to those plans and specifications; (b) the granting, modification or denial of any application or variance request in accordance with the Protective Covenants; or (c) the development of any part of the Property.

4.9 The Architectural Review Committee shall have the right to adopt and amend architectural and design standards to explain, amplify, define and interpret the provisions and purposes of this Declaration.

 

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SECTION 5. PERMITTED USES

5.1 No noxious or offensive activity shall be carried on upon any lot.

5.2 Nothing shall be done or placed or permitted to remain on any Lot which is unlawful or hazardous or which may endanger the health or unreasonably disturb the quiet occupancy of any persons residing on any other Lot.

5.3 All trash, garbage or other rubbish shall be deposited only in covered, sanitary containers screened from view.

5.4 No animals, livestock or poultry of any kind shall be raised, bred, or maintained on any Lot except dogs, cats or other small household pets, provided that the permitted animals shall not be raised, bred, or maintained for any commercial purpose.

5.5 No inoperative vehicle or vehicle without a valid license may remain stored outdoors on any part of the Property for more than five days. No trailer, recreational vehicle, camper or other similar vehicle shall be used on any part of the Property as either a temporary or a permanent residence.

5.6 No sign of any kind other than signs displayed by Declarant in connection with the development and/or sale of any part of the Property shall be erected or permitted to remain in public view on any Lot except residential sales or rental signs advertising the Lot upon which they are located and not exceeding six square feet in size. No more than one of these permitted signs may be erected or permitted to remain on any Lot.

5.7 Any unused land area on any part of the Property shall be maintained and kept free of weeds and other unsightly plants, brush, rubbish and/or debris.

5.8 Any exterior lighting on any Lot shall be shielded so as not to be offensive to any other Lot.

5.9 No Owner other than Declarant shall take any action to reduce the size of or subdivide any Lot.

5.10 Parking within the public right-of-way shall not be permitted except during construction.

 

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SECTION 6. VARIANCES

6.1 To avoid unnecessary hardship and/or to overcome practical difficulties in the application of the provisions of the Declaration, the Architectural Review Committee shall have the authority to grant reasonable variances from the provisions of Section 4, and, so long as Declarant owns one or more Lots on the Property, Declarant may grant reasonable variances from the provisions of Section 5 of this Declaration. No variance shall materially injure or materially adversely affect any other part of the Property or any other Owner or occupant.

6.2 No variance granted pursuant to the authority of this Section 6 shall constitute a waiver of any provision of the Declaration as applied to any other party or any other part of the Property, and no variance may be granted to permit anything that is prohibited by applicable law.

6.3 All provisions of the Declaration not affected by the grant of a variance shall continue to apply with full force and effect to the Lot for which the variance is granted and to the balance of the Property.

 

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SECTION 7. MAINTENANCE

All Lots and all Improvements placed on the Lot, whether occupied or unoccupied, shall at all times be maintained in good condition and repair.

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SECTION 8. EASEMENTS RESERVED ACROSS LOTS

8.1 Declarant reserves for the benefit of Declarant, all Owners and occupants of Lots and all suppliers of public utilities the easements shown on the recorded plat for Noble Creek Farms Phase 5 for the installation, use, maintenance, repair and replacement of utilities and drainage systems and facilities. No Improvement may be placed on any part of the Property that will materially impede the free and normal use of those easements.

8.2 Declarant reserves the right and easement for itself, its successors and assigns, to enter upon the easement areas shown on the plat(s) of Property in order to install, maintain, repair, use and/or replace pipes, wires, antennae, cables, towers, conduits and other lines, systems and/or facilities for the purpose of providing water, sanitary sewer, storm sewer, electrical, gas, telephone, television and other utility or quasi-utility services to any part of the Property.

8.3 The easements and rights granted and/or reserved in this Declaration are easements appurtenant, running with the land which comprises a part of the Property, perpetually in full force and effect.

8.4 Grading of the lot shall be the responsibility of the lot owner. Drainage swales along the side lot lines shall be constructed within existing drainage easements, as necessary. The easement area of each lot and all improvements within it shall be maintained continuously by the lot owner. Within the easements, no structure, planting, fencing, culvert, or other material shall be placed or permitted to remain which may obstruct, retard, or divert the flow through the water course.

8.5 The owners of lots 51 and 52 shall provide landscape mounds along the rear lot line of their respective lot(s) to provide a buffer from other properties.

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SECTION 9. ENFORCEMENT AND REMEDIES FOR BREACH OF PROTECTIVE COVENANTS

9.1 Declarant, the Architectural Review Committee and/or any Owner shall have the right to enforce the Protective Covenants at law or equity by prosecuting any proceeding against the parry or parties violating or attempting to violate any one or more of the Protective Covenants. This right of enforcement shall include the right to recover damages and/or to seek injunctive relief to prevent the violation of any one or more of the Protective Covenants.

9.2 Any action or omission which violates any provision of this Declaration is declared to be a nuisance. Every remedy allowed by law or equity against an Owner shall be applicable in case of any such violation and may be exercised by Declarant, the Architectural Review Committee and/or any other Owner.

9.3 In addition to the rights stated in Sections 9.1 and 9.2 above, the Declarant, so long as it owns one or more Lots, and/or the Architectural Review Committee, shall have the right to enter upon any part of the Property at any reasonable time to inspect for a possible violation of the Protective Covenants. Where the inspection shows that a violation of the Protective Covenants exists, Declarant and/or the Committee shall then have the right to abate and remove any structure, thing or condition causing the violation at the expense of the Owner of the Lot where the violation exists, without any liability to the Owner for trespass or any other claim resulting from the entry.

9.4 The remedies specified in this Section 9 are cumulative and do not preclude resort to any other remedy at law or in equity by any party adversely affected by any violation of the Protective Covenants.

9.5 No delay or failure on the part of any aggrieved party to pursue any available remedy with respect to a violation of any provision of this Declaration shall be held to be a waiver by that party of, or an estoppel of that party to assert, any right available to the party upon the recurrence or continuation of the violation or the occurrence of any different violation. No provision of this shall be construed so as to place upon the Declarant or any other aggrieved party any duty to take any action to enforce this Declaration.

 

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SECTION 10. ADDITIONS TO THE PROPERTY BY DECLARANT

So long as Declarant owns one or more Lots, Declarant may add all or any part of the Additional Property to the Property by recording an amendment to this Declaration containing a description of the real property so added, without the necessity of joining any other Owners as parties to the amendment. Upon the recording of any amendment, all of the provisions of the Declaration shall apply to that portion of the Additional Property in the same manner as if that property had been originally covered by this Declaration. This provision shall not be construed to prohibit Declarant from adopting additional or different restrictive covenants that apply only to the Additional Property (or the portion of the Additional Property added to this Declaration) or otherwise modifying the Protective Covenants with respect to the Additional Property (or applicable portion of the same).

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SECTION 11 - AMENDMENTS TO DECLARATION

11.1 The Declaration or any provision contained herein may be amended for any purpose other than the purpose described above in Section 10 only by recording the desired amendments executed by not less than 75 % of all of the Owners and, if Declarant still owns one or more Lots, executed also by Declarant.

11.2 No amendment of this, Declaration shall (a) require any change in any pre-existing structure or other Improvement which is in compliance with the provisions of Sections 3 and 4 immediately prior to the effective date of the amendment; or (b) require any change in a use complying with the provisions of Section 5 as of the date immediately preceding the effective date of the amendment, without the written consent of each party so affected or required to make any such change.

 

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SECTION 12. DURATION; TERMINATION

12. 1 All of the Protective Covenants shall run with the land which is a part of the Property and shall be binding upon and inure to the benefit of Declarant, all Owners, lessees, occupants and their respective successors in interest until 2024, unless amended or terminated prior to that date pursuant to Section 12.2 or 14. The Protective Covenants shall be automatically extended for another 10 years unless, before expiration of the initial term or a subsequent 10 year extension, this Declaration is terminated by the recording of a written instrument executed by not less than 75% of all Owners consenting to such termination.

12.2 This Declaration may be terminated at any time with respect to all of the Property by recording a written instrument providing for such termination executed by not less than 80% of the Owners and, if Declarant then owns one or more Lots, by Declarant.

 

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SECTION 13. SEVERABILITY

If any provision of this Declaration is held to be invalid by any court of competent jurisdiction, the invalidity of that provisions shall not affect the validity of any of the other provision of this Declaration. All of the other provisions shall continue unimpaired in full force and effect.

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SECTION 14. ASSIGNMENT OF DECLARANT'S RIGHTS AND DUTIES

14.1 Declarant may assign any and/or all of its rights, powers and reservations under this Declaration to any other party who will assume the duties of Declarant pertaining to the rights, powers and/or reservations assigned. Such assignment of rights, powers and/or reservations and the assumption of related duties by the assignee shall be set forth in writing, such written instrument shall be recorded.

14.2 The term "Declarant" as used in this Declaration shall include any such assignee and the assignee's successors and assigns with respect to the rights powers and/or reservations actually assigned and the duties and obligations assumed.

14.3 If at any time the Declarant ceases to exist without having made an assignment pursuant to this Section 14, a successor Declarant may less than 75 % of the other Owners.

 

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SECTION 15. SPECIAL CONDITIONS

A. In cases of special size or shape of site, or condition of terrain or general use, operation or treatment not provided for within the general conditions to which these standards apply, the Architectural Review Committee shall consider the unusual circumstances and take the same into account at its recommendation.

B. Right of Repurchase. If any Owner fails to commence construction of a building upon a Building Site purchased by such Owner within a two (2) year period commencing with the date of a conveyance from Declarant to an Owner, other than Declarant, Declarant shall have the right to repurchase the Building Site at any time within one hundred and eighty (180) days after the expiration of said two (2) year period upon giving fifteen (15) days prior written notice of its intention to repurchase to said Owner. The repurchase price shall be the price paid by Owner for the Building Site when purchased from Declarant plus reimbursement for any real property taxes paid by Owner relating to the Building Site, less the unpaid balance of any mortgage or other amounts, nonpayment of which may be assessed as liens against the Building Site. If Declarant fails to give written notice exercising its right of repurchase within one hundred and eighty (180) day period aforesaid, said right or repurchase shall be deemed waived. "Commencement of construction of a building" as defined herein, shall mean that the Owner of the Building Site has (1) obtained approval of the Development Advisory Board, (2) obtained building permits from the appropriate governmental authorities authorizing construction of a building and improvement as approved by the Development Advisory Board; (3) entered into a construction contract with a contractor licensed to do business in Ohio for construction of a building; and (4) expended at least the sum of Ten Thousand Dollars ($10,000) pursuant to such construction contract for on-site construction work.

 

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SECTION 16

Lots 60 and 61 shall have a 30 foot Temporary Construction Easement running parallel to the future Angela's Cove extension. Said Easement shall be used for the construction of Angela's Cove and the installation of all underground and/or overhead utilities. The 30 foot Temporary Construction Easement shall be vacated and the permanent 15 foot utility easement shall remain as stated in the "Owner's Consent and Dedication" section. Following construction of Angela's Cove the developer shall be responsible for restoring the disturbed areas and reseeding or resodding. The owner of the lot shall be responsible for the replacement of any trees, shrubs, flowers, fences or other landscape elements disturbed or removed during construction.

 

SIGNED as of the date first written above.

Signed and Acknowledged

in the Presence of:

____________________________ ____________________________

 

By:

____________________________ ____________________________

 

These Protective Covenants Prepared By:

Richard E. West, Attorney at Law

195 E. Central Avenue, P. O. Box 97

Springboro, OH 45066

(513) 748-1749

 

Restrictions of the Warren County Combined Health District

1. Lots 60 to 64 shall be filled to create a pad for the soil adsorption absorption field. Lots 61, 63 and 64 need 2-1/2' of fill soil and lots 60 and 62 will need 3-1/2' of fill soil. These pads shall be 100 x 150 feet for a 3 bedroom home and 100 x 200 feet for a 4 bedroom home. Filled areas may not be used for leach field until approved by the Warren County Combined Health District.

 

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These covenants are shown for information only and are subject to change prior to purchase.  For the most current copy of the covenants, please contact Noble Creek Farms.

Last Updated February 21, 2001

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