Barrington Estates

Barrington Estates Deed Restrictions

Phase 1 Deed Restrictions

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BARRINGTON ESTATES


THIS DECLARATION is made on the date hereinafter set forth by Yearling Holding Company, an Ohio corporation, with offices at c/o Donald W. Kelley and Associates, Inc., 250 E. Broad Street, Columbus, Ohio 43215, hereinafter referred to as “Declarant.”

WITNESSETH:

WHEREAS, Declarant is owner of certain real property situated in the County of Delaware, the State of Ohio, and in the Township of Genoa, and bounded and described as follows:

Being Lots Numbered 2596 through 2667, both inclusive,
Of Barrington Estates Phase 1 as the same are numbered
and delineated upon the recorded plat thereof, of record in
Cabinet No. 1, Slide No. 446, 446A and 446B, Recorder’s Office,
Delaware County, Ohio.

LAST TRANSFER OF RECORD: Deed Book Vol. 572, Page 591
Delaware County Recorder’s Office.

NOW THEREFORE, In pursuance of a general plan for the protection, benefit and mutual advantage of all the lots in the aforementioned subdivision (the “Lots”, or “Lot” in the singular), and of the persons who are now or may hereafter become owners of any of the lots or parts thereof, Declarant hereby declares that all of the lots shall be held, sold, and conveyed subject to the following easements, restrictions, covenants and conditions (hereinafter referred to as “Restrictions”), which are for the mutual benefit and protection of, and shall be enforceable by Declarant and all and any of the present and future owners of any of said Lots. These Restrictions shall run with the land and shall be binding for a period of forty (40) years form the date hereof and shall be automatically extended for successive periods of ten (10) years each unless and until (after the initial forty year period) an instrument signed by at least the majority of the then owners of the Lots has been recorded, which instrument shall provide for a change in said Restrictions either in whole or in part.

1. No building shall be erected, placed or altered on the premises until the construction plans and specifications and a plan showing the location of the structure have been approved by the Declarant herein as to the quality of workmanship and materials, harmony of external design (including color) with structures in the subdivision, and location with respect to topography and finish grade elevation. Provided, however, no outbuilding whether shed, barn or otherwise made of tin, aluminum or other type of metal shall be constructed upon any Lot. Approval by Declarant of such plans and specifications shall mean only that Declarant is satisfied, in the sole discretion of Declarant, as to the elements set forth in this Section 1. No person or entity shall rely upon the approval of Declarant of such plans and specifications as giving rise to any representations or warranties, express or implied, and Declarant assumes no liability whatsoever, in connection therewith.

If Declarant fails to approve or disapprove such plans and specifications within thirty (30) days after the submission thereof in writing to Declarant, such plans and specifications as have been submitted in accordance with the terms hereof shall be deemed to have been approved. Failure of Declarant to object within six months after completion of construction of a dwelling shall be deemed an approval of the plans and specifications pursuant to this Section 1.

If Declarant ceases to exist as an entity, and this right of approval shall not have been specifically assigned to a successor in interest, (which may include a homeowners’ association whose members consist of the owners of not less than fifty-one percent of the Lots), then the approval of plans and specifications as set forth hereinafter shall not be necessary and the provisions of this paragraph shall be inoperative. Said assignment by Declarant of this right of approval shall be in writing and filed with the Recorder of Licking County, Ohio.

All construction work commenced on said premises shall be completed within one year after the start of construction thereof in accordance with the plans and specifications so approved by Declarant and Declarant shall have the right to inspect all such construction work at all reasonable times to ensure the compliance with such plans and specifications.

2. Each of the Lots shall be used and occupied solely and exclusively for private-residence purposes by a single family, and no other than a single-family, private residence purpose building (“Residence”) shall be erected, reconstructed, placed or suffered to remain thereon, which building shall include an attached garage of a size reasonably intended to contain at least two automobiles. The front elevation of each Residence shall be of stone, wood or brick or other “natural” material approved by Declarant.

3. No noxious or offensive trade or activity shall be carried on upon any of the Lots; nor shall anything be done on any of the Lots which may be or may become an annoyance or nuisance to any of the other Lots or of the owners thereof.

4. No structure of a temporary character, trailer, mobile home, tent, shack, garage, barn or other outbuilding shall be used on any of the Lots at any time as a residence, either temporarily or permanently.

5. No above ground swimming pool shall be permitted upon any Lot except that this Section 5 shall not be intended to prohibit the installation of a hot tub or sauna.

6. No animals, rabbits, or poultry of any kind and no species of fowl, livestock, birds or insects shall be kept upon or maintained on any part of any of the Lots except domestic dogs, cats, or other household pets which are kept for domestic purposes only, and are not kept, bred, or maintained for any commercial purpose.

7. No trucks, commercial vehicles, boats, trailers, campers or mobile homes shall be parked or stored on the premises as to be exposed to view for a period longer than 24 hours unless the same are in a garage or at the rear of the dwelling and out of view of the curb in front of the dwelling, provided, however, that nothing herein contained shall prohibit the reasonable use of such vehicles as may be necessary during construction of the homes to be constructed on the Lots nor prohibit the occasional and nonrecurring temporary parking of such truck, trailer, boat, camper, recreational vehicle or commercial vehicle for a period not to exceed seventy two (72) hours in any period of thirty (30) days.

No automobile or motor driven vehicle shall be left upon a Lot for a period longer than 30 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.

8. 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 materials shall be kept in a clean and sanitary condition.

9. No satellite dish antennas and no separate tower for any radio or television antennas shall be permitted on any Lot unless completely screened from view from all public rights of way and from the adjacent Lots and the Residences located thereon. No window air conditioning units shall be used in any window facing the street.

10. No portion of any Lot nearer to any street than the building setback lines as shown upon the recorded plat of the subdivision shall be used for any purposes other than that of a lawn, nor shall any fence or wall of any kind, for any purpose, be erected, placed, or suffered to remain on any Lot nearer to any street now existing, or any hereafter created, than the front building line of the actual building, excepting ornamental railings, walls, or fences not exceeding three (3) feet in height located on or adjacent to entrance, platforms or steps.

Nothing contained in this Section 10 shall be construed as preventing the use of any portion of any Lot for walks, drives (if otherwise permitted), planting of trees or shrubbery, growing of flowers or other ornamental plants, or for small statuary entrance ways, fountains or similar ornamentations for the purpose of beautifying the Lot provided that no unsightly objects shall be allowed to be placed of suffered to remain anywhere thereon.

No chain link or stockade fences are permitted on any Lot. No fence of a height greater than 48 inches shall be installed on any Lot.
11. No garage or any addition thereto or alteration thereof shall be erected, reconstructed, placed or suffered to remain upon any of the Lots unless the same is for the exclusive use of the family occupying said dwelling, and unless and until the size, location, type, style of architecture, cost, materials, color and grade shall have first been approved in writing as required of all other construction as set forth in Section 1 hereinabove. No such proposed garage shall be approved unless such proposed garage shall be of a size reasonably intended to accommodate at least two automobiles.

12. No sign of any kind shall be displayed to the public view except one professional sign of not more than one square feet may be attached to the front of a residence, and one sign of not more than five square feet advertising the premises for sale or for rent, and except those other signs as may be approved by Declarant intended to be used by a particular builder to advertise the premises during the construction and sales period. Notwithstanding the foregoing, the Declarant reserves the right to establish standards for uniform signage and the total number of signs to be used by each builder and realtor during the construction and sales period as to all of the Lots.

13. The location of any and all driveways shall be and shall remain as established upon each of the Lots pursuant to the plans and specifications referred to hereinabove. No driveway shall be located, relocated or suffered to remain upon any of the Lots except as approved by Declarant in writing. All driveways shall be concrete (as opposed to asphalt).

14. No Lot owner shall subdivide or convey less than the whole of any of the Lots without first obtaining the written consent of the Declarant. No Lot owner shall extend the sanitary sewer line through any Lot for the benefit of adjacent land without first obtaining the written consent of the Declarant.

15. The Declarant reserves unto itself, its successors and assigns, a perpetual easement in, through, under and/or over those portions of the rear and sides of each of the Lots as shown on the plat thereof, designed as utility rights-of-way, for the construction, operation and maintenance of electrical and telephone utilities, lines and conduits and water, gas and sewer lines and conduits, cable TV or any other public utility facilities, together with the necessary or proper incidents and appurtenances; and no building or other structure, or any part thereof, shall be erected or maintained upon any part of the Lots over or upon which easements for the installation and maintenance of such public utilities and sewer lines will be or have been granted.

16. Declarant hereby reserves for the benefit of Declarant a blanket easement on, over and under the Lots to maintain and correct drainage of surface waters and other erosion controls in order to maintain reasonable standards of health, safety, and appearance and shall be entitled to remove trees or vegetation, without liability for replacement or damages, as may be necessary to provide adequate drainage facilities. Notwithstanding the foregoing, nothing herein shall be interpreted to impose any duty upon Declarant to correct or maintain any drainage facilities on the Lots.

17. Easements for installation and maintenance of utilities, stormwater retention/detention ponds, and/or a conservation area are reserved as may be shown on the recorded plat for Barrington Estates Phase 1 or in separately recorded easement grants or reservations. Within these easement areas, no structure, planting 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 hinder or change the direction of flow of drainage channels or slopes in the easements. The easement area of each Lot and all improvements contained therein shall be maintained by the owner of the Lot, except for those improvements for which a public authority or utility company is responsible.

18. No residence shall be erected, reconstructed, placed or suffered to remain upon any of the Lots without having the following minimum square feet of livable area, exclusive of porches, basements, garages, and other unfinished space:

A. One-story dwellings shall have a minimum of 1,800 square feet.
B. 1-1/2 story and two-story dwellings shall have a minimum of 2,200 square feet.
No-bi-level dwellings shall be permitted on any of the Lots.

19. In connection with the Restrictions contained herein, it is hereby provided that if, in the sole opinion of the Declarant, the enforcement of the provisions hereof would work an undue hardship by reason of the shape, dimensions or topography of any dwelling proposed to be erected on any of the Lots, Declarant may, in its sole discretion, permit variations in size, type, location or otherwise that will not, in its sole discretion, do material damage to any abutting or adjacent property or negate the underlying purpose of these Restrictions to promote the uniform and harmonious development of the Property.

20. So long as the Declarant owns property in Barrington Estates Phase 1, but not longer than five (5) years from the date of the recording of this Declaration, the Declarant shall have the right to amend those Restrictions which the Declarant believes to be in conflict with any federal, state, and/or local regulation including without limitation any regulation of the Federal Housing Administration, Veterans Administration or the United States Department of Housing and Urban Development, in order to comply with such regulation.

21. So long as the Declarant owns property in Barrington Estates Phase 1, but not longer than five (5) years from the date of the recording of this Declaration, the Declarant shall have the right to waive, terminate, and/or modify any of these Restrictions as, in the sole discretion of the Declarant, are necessary in order to achieve and preserve an architecturally harmonious, artistic and desirable subdivision. Any amendment of or addition to these Restrictions under this Section 19 shall be effective as of the time of the recording of a written document evidencing such amendment or addition in the Office of the Licking County Recorder.

22. Notwithstanding any other provisions herein, Declarant and its successors and assigns, including the builders of the Residences on the Lots, shall be entitled to conduct on the Lots all activities normally associated with and convenient to the development of the Lots and the construction and sale of Residences on the Lots.

23. The foregoing Restrictions, and each and every one of them, shall be held and considered as running with the Property herein described, and with each and every part of such Property, and shall be construed toward their strict enforcement whenever reasonably necessary to ensure uniformity and harmony of the plan, development and use of said subdivision, and if necessary, they shall be so extended and enlarged by reasonable implication so as to make them fully effective to accomplish such purposes. The reasonable construction placed upon them by the Declarant in good faith shall be final and binding as to all persons and property benefited or bound thereby. The invalidity of any of these Restrictions or any part thereof shall not affect those remaining Restrictions or parts thereof, nor shall any failure by Declarant, however long continue (except in case of a specific waiver thereof or as provided in the second paragraph of Section 1) to object to any breach of or to enforce any provisions whatsoever which are contained herein, be deemed as a waiver of the right to do so thereafter, as to such breach, or as to one occurring prior or subsequent thereto.

24. The Declarant reserves the right (but not the obligation) in case of any violation or breach of any of the foregoing Restrictions to enter the Property upon which or as to which such violation or breach exists, and to summarily abate and remove, at the expense of the owner thereof, any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provision hereof as interpreted by the Declarant; and the said Declarant shall not, by reason thereof, be deemed guilty of any manner of trespass for such entry, abatement or removal. Further, the Declarant may enjoin, abate or remedy by appropriate legal proceedings, either in law or in equity, the continuence of any breach of these Restrictions.

In addition to any other remedies which may be available, if any Lot or Lot owner is at any time not in compliance with the Restrictions and continues to be not in compliance thirty (30) days after written notice from the Declarant of such non-compliance, the Declarant may at its option cause the non-complying situation to be corrected, and the cost thereof, together with interest, costs, and reasonable attorney’s fees, shall be assessed against that Lot and shall be a charge on the land and a continuing lien upon such Lot. Any lien created by operation of this Section 21 shall be deemed subordinate and inferior to any mortgage(s) on the Lot whether said mortgage(s) is executed and recorded prior to or subsequent to the creation of the Lien.

25. Each subsequent purchaser of the Property or any part thereof, by accepting a deed for any Lot or Lots, accepts the same subject to the foregoing Restrictions, as the same may be amended from time to time, and agrees, for himself, and his heirs, successors and assigns, to be bound thereby.

IN WITNESS WHEREOF, the said Declarant, Yearling Holding Company, an Ohio corporation, has caused this Declaration of Restrictions to be subscribed by its duly authorized officer this 20th day of February 1995.


Signed and acknowledged Yearling Holding Company
In the presence of: an Ohio corporation

Sally J. McGinty William L. Willis Jr.
Witness its President


STATE OF OHIO
COUNTY OF FRANKLIN, ss:

The foregoing instrument was acknowleged before me this 20th day of February, 1995, by William L. Willis, Jr., the President of Yearling Holding Company, an Ohio corporation, on behalf of the corporation.

Sally J. McGinty
Notary Public

This instrument prepared by:
Timothy M. Kelley, Attorney at Law
250 E. Broad Street, Columbus, OH 43215

Delaware County, Ohio seals attached.

FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS
FOR BARRINGTON ESTATES


THIS FIRST AMENDMENT TO DELARATION OF RESTRICTIONS is made on the date hereinafter set forth by Yearling Holding Company, an Ohio corporation, with offices at 250 E. Broad Street, Columbus, Ohio 43215, hereinafter referred to as “Declarant.”
WITNESSETH:

WHEREAS, Declarant has previously executed a certain Declaration of Restrictions to provide a general plan for the protection, benefit and mutual advantage of all the lots in the subdivision known as BARRINGTON ESTATES PHASE 1 (hereinafter referred to as “Lots”), which Declaration of Restrictions was recorded at Deed Book Vol. 586, Page 1 of the Delaware County Recorder’s Office on March 22, 1995; and

WHEREAS, Declarant reserved the right in the Declaration of Restrictions to modify the Restrictions under certain conditions in order to achieve and preserve an architecturally harmonious, artistic and desirable subdivision; and

WHEREAS, as of the date hereof owns Lots in Barrington Estates Phase 1; and Declarant desires to amend the Declaration of Restrictions as hereinafter provided.

NOW, THEREFORE, the Declaration of Restrictions shall be modified as follows:

1. No outbuilding for storage purposes shall be constructed on any of the Lots.


2. In order to correct a clerical error, (i) the words “Section 21” shall be substituted for the words “Section 19”; (ii) the words “Delaware County Recorder” shall be substituted for the words “Licking County Recorder” in the last sentence of Section 21 of the Declaration of Restrictions; and (iii) the words “Section 24” shall be substituted for the words “Section 21” in thelast sentence of Section 24 of the Declaration of Restrictions.

3. All of the other provisions of the Declaration of Restrictions not modified herein shall remain the same.

The Recorder is hereby requested to make a marginal notation on the Declaration of Restrictions recorded at Deed Book Vol. 586 Page 1, Delaware County Recorder’s Office referencing this First Amendment to Declaration of Restrictions.

IN WITNESS WHEREOF, the said Declarant, Yearling Holding Company has caused this Declaration of Restrictions to be subscribed by its duly authorized officer this 11th day of May 1995.


Signed and acknowledged Yearling Holding Company
In the presence of: an Ohio corporation

Connie S. McDaniel William L. Willis Jr.
Witness

Laura Newpoff
Witness

STATE OF OHIO
COUNTY OF FRANKLIN, ss:

The foregoing instrument was acknowleged before me this 11th day of May, 1995, by William L. Willis, Jr., the President of Yearling Holding Company, an Ohio corporation, on behalf of said corporation.

Connie S. McDaniel
Notary Public

This instrument prepared by:
Timothy M. Kelley, Attorney at Law
250 E. Broad Street, Columbus, OH 43215

Delaware County, Ohio seals attached.