Shadow Creek Neighbors

Deed Restrictions

This is a copy of the deed restrictions for Shadow Creek late 98

WHEREAS, the undersigned, Maronda Homes, Inc of Ohio, an Ohio corporation, with offices 1241 Alum Creek Drive, Columbus, Ohio, 43209, is the owner of Lots Numbered Seven Hundred fifty-two (752) through Eight Hundred five (805), both inclusive, of SHADOW CREEK, Section 1 as the same are numbered and delineated upon the recorded plat thereof, of record-in Plat Cabinet 1, Slides 755A and 755B, Recorder's Office, Delaware County, Ohio.

Whereas, the undersigned, as such owner of the above mentioned lots in said Plan, desires to restrict the use to or for which the said lots may be put:

NOW THEREFORE, be it known that the undersigned, as such owner, in behalf of itself, and of its successors and assigns, hereby adopts the following restrictions and covenants as applicable to the above mentioned lots in said Plan:

1. Land Use. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one single-family dwelling, not to exceed two and one-half (2 1/2) stories in height, together with an attached garage for not less than two (2) automobiles, except as provided in Paragraph 2 herein.

2. Architectural Control. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the undersigned herein as to the quality of workmanship and materials, harmony of exterior design with structures in the subdivision, and location with respect to topography and finish grade elevation; provided, however, that the undersigns' approval shall not be construed to be a warranty by the undersigned regarding the quality of workmanship, materials, suitability of materials and compliance with applicable zoning and building laws. If the undersigned shall fail to approve or disapprove any proposed plans and specifications within thirty (30) days after the same shall have been submitted to it for approval, such plans and specifications shall be deemed to have received the approval of the undersigned.

3. Building Location. No building shall be located on any lot nearer to the lot line than the minimum building front, rear and side lines as shown on the recorded plat; provided, however, if the appropriate governmental authority shall grant a variance to such setbacks, then the requirements hereof shall be so modified. For the purposes of this covenant, eaves, steps, and open porches shall not be considered as part of a building; provided, however, that this shall not be construed to permit any portion of the building on a lot to encroach upon any other lot. No portion of any lot nearer to any street than the building setback lines shall be used for any purposes other than that of a lawn. No fence, wall, hedge or screening panel shall be constructed, erected, planted or permitted to exist nearer to the front line of any lot than the rear line of the house constructed on said lot; provided, however, decorative walls, fences, hedges and screen panels, not of wirelink, connected pipe or metal construction of any kind, and not more than three feet in height shall be permitted on the minimum building setback line as shown on the recorded plat of said subdivision. A decorative structure or structures constructed at any entrance to the said subdivision shall not be deemed a violation of this covenant. Fences or walls shall not be located closer to the street than a line parallel to the street and extending from the rear corner of the home, and in no event shall fences be located closer to any street than the building line shown on the recorded plat, except for ornamental railings, walls or fences not exceeding three (3) feet in height located on or adjacent to entrance platforms or steps. Nothing herein contained, however, shall be construed as preventing the use of such portion of the lot for walks, the planting of trees and shrubbery, the growing of flowers or other ornamental plants, or for small statuary entranceways, fountains, or similar ornamentations for the purpose of beautifying said premises. Nothing herein shall be construed as to permit a violation of any applicable law, ordinance or governmental regulation.

4. Dwelling Size. No dwelling shall be permitted on any lot on which the net living area is less than fifteen hundred (1,500) square feet for any two-story dwelling or fourteen hundred (1,400) square feet to any ranch, split-level, or bi-level home.

5. Nuisances. No obnoxious or offensive activity shall be permitted on any lot, nor shall anything be done thereon which may be or become a nuisance to the neighborhood.

6. Temporary Structures. No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.

7. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except dogs, cats, or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose.

8.Signs. No sign of any kind shall be displayed to the public view on any lot, except one professional sign of not more than six (6) square feet advertising the property for sale or rent, or signs used by the builder to advertise the property during the construction and sales period, including signs used by the undersigned, its agents and assigns in the operation of a model home and/or sales office.

9. Waste Disposal. 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 and out of view of the general public. All equipment for the storage of disposal of such material shall be kept in a clean and sanitary condition.

10. Miscellaneous Restrictions. The following structures and improvements shall not be permitted on any lot in the subdivision:
a. Satellite dishes greater than two (2) feet in diameter;
b. Solar Panels;
c. Storage tanks, whether above- or below-ground (except in conjunction with grills);
d. Outdoor clotheslines;
e. Above-ground pools (except hot tubs);
f. Metal storage buildings; and
g. Television or radio antennas


11. Sight Distance of Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street line, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply to any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such a distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

12. Vehicles Not In Use. No automobile or motor-driven vehicle shall be left upon or in front of a lot for a period longer than thirty (30) days in condition wherein it is not able to be operated upon the public highway, after which time the vehicle shall be considered as a nuisance to the welfare of the neighborhood and shall be removed from the lot.

13. Boat, Trailer and Vehicle Parking Storage. No truck, boat, trailer, camper, recreational vehicle or commercial vehicle shall be parked or stored in front of or on any lot unless it is in a garage or other vehicle enclosure out of view from the street and abutting properties; provided, however, that nothing herein shall prohibit the occasional and nonrecurring temporary parking of such truck, boat, trailer, camper, recreational vehicle or commercial vehicle on the premises for a period not to exceed seventy-two (72) hours in any period of thirty (30) days.
14. Garage. No dwelling may be constructed on any lot unless and enclosed garage for at least two (2) automobiles is also constructed thereon.

15. Fences and Walls. No fence or wall shall be constructed in excess of seventy-two (72) inches above the finished grade. Fences or walls shall not be located closer to the street than a line parallel to the street and extending from the rear corner of the home, and in no event shall fences be located closer to any street than the building line shown on the recorded plat, except for ornamental railings, walls or fences not exceeding three (3) feet in height located on or adjacent to entrance platforms or steps. No fences shall be constructed of chain link, metal or plastic except a thin wire mesh behind a three or four wood rail fence. Except as constructed by the undersigned, no fencing of any type may be constructed upon lots adjacent to South Old State Road within the building setback area along the South Old State Road right-of-way.
16. 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 thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended, for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lot has been recorded, agreeing to change said covenants in whole or in part.
17. Grading and Drainage. Without the prior written consent of the undersigned, no construction, grading or other improvements shall be made on any lot if such improvement would interfere with or otherwise alter the general grading and drainage plan of the subdivision or any existing swales, floodways, or other drainage configuration.
18. Enforcements. Enforcement of these restrictions by the undersigned or by any owner of any lot subject to these restrictions may proceed at law or in equity or both against any person or persons violating or attempting to violate any restrictions, and such proceedings may be either to restrain violation or to enforce compliance or to recover damages. No failure to object to any violation of any restriction shall be deemed a waiver of the right to so thereafter, either as to the same violation or as to one occurring prior to or subsequent thereto. If the undersigned or any owner of a lot in Shadow Creek, Section 1, prevails in a proceeding at law or in equity or both against any person or persons violating or attempting to violate any restrictions, and such proceedings may be either to restrain violation or to enforce compliance or to recover damages, then said person or persons shall also be able to recover legal fees and expenses involved in such action or proceeding.
19. Severability. Each one of the covenants contained herein are independent and separate and invalidation of any one of these restrictions by judgement or court order shall in no way affect any other restrictions, which restrictions shall remain in full force and effect.
20. Amendment by the Undersigned. The undersigned reserves the right to amend or modify these restrictions by a Declaration of Amendment if such amendment is requested or required by FHA or VA to secure governmental approval for mortgage financing purposes or if requested or required by any other appropriate governmental entity. The recordation of such amendment shall be sufficient evidence of such request or requirement and no further evidence shall be necessary or required.

In the event the subdivision in which said lots are located or any portion thereof shall be resubdivided at any time or times, then these restrictions shall apply to each lot in such subdivision as constituted after such resubdivision, and these restrictions shall not apply in any way with respect to the lots in such resubdivision as such lots were theretofore constituted.

Witnessed by Laura Molish of Ronald W. Wolf of Maronda Homes on September 9th, 1997.