Deed
Restrictions
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Sienna Woods deed restrictions are
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RESTRICTIONS, COVENANTS AND
CONDITIONS IMPOSED UPON SIENNA WOODS SUBDIVISION TO CAMBRIDGE
TOWNSHIP, GUERNSEY COUNTY, OHIO
All of the lots in said parcel of real estate, now
located in the Township of Cambridge, Guernsey County, Ohio
are and shall be subject to the following general plan of
development and all of the restrictions, covenants, and conditions
as hereinafter set forth.
This
general plan of development for the said premises is adopted
and imposed for the benefit and protection of all present
and future property owners. Said plan and restrictions, covenants,
and conditions constitute a general plan for the development
of said premises. This plan shall be filed of record in the
Recorder's Office, Guernsey County and all deeds for said
premises shall either set forth these restrictions or conditions
in full or shall incorporate them by reference.
1)
Use and Site Placement - Return
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a)
All lots in this subdivision shall be used exclusively for
single family, private dwelling purposes and for no other
purpose or purposes. No personal property shall be stored
on the lot other than in the house or garage.
b)
No residence dwelling or any structure shall be erected
or constructed on said premises without the prior written
approval of the location, plans, grade lines, and specifications
thereof having been first obtained from the Developer or
the Developer’s representative, namely, Thomas E.
Larkin. No changes shall be made to plans or specifications
as above set forth after the approval and consent of the
Developer. The Developer’s representative may change
from time to time.
c)
No building of any nature shall be placed nearer than twenty
feet from the front lot line, or nearer than fifteen feet
on either sideline. Where the owner of a lot acquires part
of an adjoining lot, then this restriction shall apply only
to the outside lines of the entire area of ownership. All
buildings constructed thereon shall front on the street
adjoining the front line of each lot.
d)
The street side of the dwelling shall be faced with brick
or stone and the dwelling shall be stick built. There shall
be no modular, sectionals, preconstucted homes or trailer
dwelling placed on said lots.
e)
Only attached garages are permitted and there shall be no
other structure or outbuildings erected, placed, or suffered
to remain upon lot except temporary structures erected by
the Developer, his heirs and assigns, in connection with
the improvement of the premises. There shall be no basement
type dwellings or concrete block buildings erected, placed,
or suffered to remain upon any lot.
f)
No cement block foundation shall be exposed on any house
or attached garage.
g)
No lot shall be subdivided, nor may any lot be sold except
as a whole lot. This shall not, however, prevent the owner
of a completely vacant lot from conveying any part of said
lot to the owner of the lot immediately adjoining thereto
provided that at the same time, he shall convey the balance
of said vacant lot to the owner of the lot immediately adjoining
thereto on the other side.
h)
The Developer reserves the sole and exclusive right to establish
grades and slopes on the premises hereby conveyed, and to
fix the grade at which any building shall be hereafter erected
or placed hereon, so that the same may conform to this general
plan.
2)
Size - Return
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a)
Each dwelling unit erected shall be used only as one single-family
private residence. The ground floor area of such dwelling
house, exclusive of porches and garages shall be not less
than 2000 square feet for a one-story dwelling and not less
than 2500 square feet for a one and one-half story or two-story
dwelling. Front entry garages and carports are prohibited.
3)
Commencement and Diligence in construction - Return
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a)
Each lot owner shall commence construction within one year
of taking title from the Developer and, every building whose
construction or placement. Should construction not commence
within one (1) year of the transfer of title on a plat lot,
then, the Developer shall have the first option, in its discretion,
to purchase the lot at the original purchase price.
4) Lampposts and Mailboxes
- Return
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a)
Should Cambridge Township not provide street lighting, then
as part of each dwelling on said premises there shall be constructed
and installed an ornamental lamppost in front of said residence
which post shall contain a working light or lamp. The Developer
will provide the lamppost and location. Also, a curbside mailbox
for each lot will be provided and the lot owner shall provide
the same brick or stone that is used for the street side of
the dwelling to the Developer for use in said constructions.
If the mailbox or lamp post are damaged, destroyed or deteriorated,
then each Lot owner, at such Lot owner’s expense, shall
repair or replace such mailbox or lamppost with another of
a like kind, design, pattern and color as the initial mailbox
or lamppost.
5)
Driveways - Return
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a)
Prior to commencement of construction on any lot, stone shall
be installed as a driveway base. Any dirt carried onto the
street is the responsibility of the lot owner and is to be
cleaned up and removed within 12 hours.
b)
All driveways on the premises shall be concrete or concrete
paving brick combination. Gravel or other similar driveways
are prohibited after a one-year settling period from date
of commencement of construction.
6)
Curbs - Return
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a)
All curbs shall have a 45° horizontal saw cut at the driveway
opening to the street. There shall be 3/4-inch expansion joints
placed parallel to the street at each of the following locations:
1. Between the curb and the driveway;
2. Between the street side of the sidewalk and the driveway;
3. Between the garage side of the sidewalk and the driveway;
and
4. Between the garage and the driveway.
b)
The minimum grade of the garage floor shall be one foot above
the grade at the top of the back of the curb in front of the
lot.
7)
Trees - Return
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a)
Lot owners shall remove no live or growing trees in said subdivision
without the prior written approval of the Developer of said
subdivision. No weeds, underbrush, or other unsightly growths
shall be permitted to grow or remain upon said premises and
no unsightly or objectionable objects shall be allowed to
be placed or suffered to remain thereon.
8)
Landscaping - Return
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a)
All property, including land that has been altered from its
natural state, shall be landscaped. All shrubs, trees, grass
and plantings shall be well maintained, properly cultivated
and free of trash and other unsightly material. Landscaping
shall be completed no later than 90 days following occupancy,
unless delayed by weather conditions.
9)
Fences and Hedges - Return
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a)
No fence or railing, other than a shrubbery hedge, shall be
more than thirty-six inches high above the finish grade unless
it is around an in-ground swimming pool. No chain link or
cyclone fence shall be permitted on any lot.
10)
Accessory Buildings - Return
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a)
No tents, temporary buildings, trailers, or mobile homes shall
be erected, placed, maintained, or occupied as a residence
or otherwise, on any lot except for temporary construction
purposes. No excavation shall be made except for the construction
of a dwelling or the appurtenances thereto to be located thereon,
and the erection of any structure must be completed within
one year from the beginning of the construction unless prevented
by war, public orders, litigation, or other causes beyond
the control of the owner. Completion of the structure shall
mean that all siding or outside face construction shall be
complete. All construction debris and construction materials
shall be removed from the premises within one year after date
of commencement of construction.
b)
No more than one free-standing accessory building may be erected
and maintained on a lot for the purpose of housing equipment
or vehicles subject to approval from the Developer or the
Developer’s representative, namely, Thomas E. Larkin.
The free-standing accessory building shall be constructed
of the same materials and style as the dwelling and shall
be placed on the back of the lot. No changes shall be made
to plans or specifications as above set forth after the approval
and consent of the Developer.
11)
Antennas and Satellite Dishes - Return
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a)
No television, radio, or other electronic or electrical receiving
or transmitting antennas or towers shall be installed or maintained
on the premises unless they are approved by the Developer
and completely within the confines of the house or garage
and have no projections extending outside of the building.
No poles, posts, rods, towers, or wires that are more than
fifteen (15) feet in height measured from lot level shall
be installed or maintained on the premises for any purpose.
Satellite television antenna placement must be approved, in
writing, by the Developer.
12)
Signs and Businesses - Return
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a)
No sign or advertisement larger than 1-1/2' x 2' shall be
erected, used, or maintained on any lot, except as may be
necessary temporarily for the purposes of sale, or rental
of the specific property upon which such sign or advertisement
is located.
b)
No business or trade shall be conducted on any lot; no spirituous,
vinous, or fermented liquor shall be manufactured or sold
upon any lot nor shall any lot be used in any way or for any
purpose that may endanger the health or unreasonably disturb
the quiet and peace of any persons residing in said subdivision.
Provided, however, that part--time businesses or hobby businesses
may be conducted entirely within the premises, but no sign
or advertising device may be displayed.
13)
Refuse and Trash - Return
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a)
Trash and refuse shall be placed in containers which shall
be concealed and contained within buildings or shall be concealed
by means of a screening wall similar to and compatible with
the house.
14)
Animals - Return
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a)
No cattle, swine, poultry or other animals other than common
domestic household pets may be kept or harbored on any lot.
All household pets, such as cats and dogs, shall be confined
or otherwise secured upon the premises of the owner.
15)
Nuisances - Return
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a)
No noxious 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 any other owners. Site
lighting which interferes with the comfort, privacy or general
welfare of adjacent or other property owners is prohibited.
16)
Vehicles Etc. - Return
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a)
No automobile or motor-driven vehicle may be left upon the
property for a period longer than five days in a condition
such that it is incapable of being operated upon the public
highways. Any towed vehicle, boat, motor home or mobile home
regularly stored upon any lot or temporarily kept thereon
for periods longer than 24 hours each, shall be considered
a nuisance and must be removed. The foregoing does not apply
to boats or vehicles stored within a private garage.
17)
Storage Tanks - Return
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a)
No storage tanks, including, but not limited to, those used
for storage of water, gasoline, oil, other liquid or any gas,
shall be permitted on any property outside a building.
18)
Easements - Return
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a)
Easements for the installation and maintenance of utilities
and drainage facilities are reserved and recorded with the
Guernsey County Recorder. Any lot area designed for the natural
flow of surface water shall at all times be kept free from
any obstruction to such natural flow of surface water, and
any improvements made on or under any easement shall be made
at the risk of the owner of the lot on which such improvements
are made.
19)
Covenants and Miscellaneous - Return
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a)
These restrictions shall be binding upon all parties concerned
and all persons claiming under them, their heirs, successors,
and assigns, for a period of twenty-five years from the date
these restrictions are recorded after which time, said restrictions
shall be automatically extended for successive periods of
ten years thereafter, unless an instrument signed by a majority
of the then lot owners has been recorded, agreeing to change,
amend, or modify said restrictions in whole or in part. In
determining a majority of the lot owners, one vote shall be
allowed for each individual lot or dwelling unit.
b)
The restrictions, covenants and conditions imposed upon Sienna
Woods Subdivision may be enforced by any proceeding at law
or in equity by the Developer, any Owner and their respective
heirs, successors and assigns, against any person(s) violating,
or attempting to violate, any covenant or restriction, to
restrain and/or to enjoin violation, to obtain a decree for
specific performance as to removal of any nonconforming Improvement,
and to recover all damages, costs of enforcement and any other
costs incurred (including without limitation reasonable attorneys'
fees). Failure of Developer or any Owner to enforce any provision
of these Restrictions in any manner shall not constitute a
waiver of any right to enforce any violation of such provision.
By accepting a deed to a Lot, each Owner is deemed to waive
the defenses of laches and statute of limitations in connection
with the enforcement of these Restrictions
c)
Invalidation of any one of these covenants by judgment or
court order shall not affect any of the other provisions herein,
which shall continue in full force and effect.
d)
The restrictions imposed by this general plan upon the use
of the subdivision and the lots thereof shall not be held
to prevent the use of adjoining and adjacent lands by the
grantor, owner or their heirs, or assigns, for such other
purposes or in such other manner as will not in their judgment,
adversely affect the lots in said subdivision
Developer
reserves the right, at any time and from time to time, to
amend, alter or replat any plat or development plan and to
amend any zoning ordinance which affects all or any portion
of the Property; provided, however, that only real property
owned by Developer shall be the subject of any such amendment,
alteration or replatting. Each Owner for themselves and their
successors and assigns, hereby consents to and approves any
such amendment, alteration or replatting and shall be deemed
to have joined in the same.
The
restrictions herein are for informational purposes only.
Restrictions recorded in the office of the Guernsey County
Recorder.
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