Declarations of Restrictions As To Land Located in Apple Blossom Farms
Plats 1-7 Amended Restrictions
Whereas, Apple Blossom Farms Homeowners Association, a registered not for profit corporation with the State of Ohio, charter number 1280546, hereinafter referred to as the owner, with its principal place of business at P.O. Box 416, Holland, Ohio 43528 has authority as a homeowner’s association over the following described parcels of land located in Springfield Township, Lucas County, Ohio to wit: Lots 1-179 inclusive in Apple Blossom Farms Plats 1-7, a subdivision in Springfield Township, Lucas County, Ohio.
Said authority was transferred from Apple Blossom Development Company in Declarations of Restrictions filed as follows:
Apple Blossom Farms Plats One and Two recorded July 27, 1994 at Volume 134, Pages 6 & 7 of Plats. -recording reference #s 94 1947A12 & 94 1947B10
Apple Blossom Farms Plats Three and Four recorded December 18, 1995 at Volume 136, Pages 32 & 33 of Plats.- recording reference #s 95 2707D12 & 95 2708A01
Apple Blossom Farms Plats Five and Six recorded March 7, 1997 at Volume 138, Pages 65 & 66 of Plats. -.recording reference #s 97 0563A01 & 97 0568B04
Apple Blossom Farms Plats Seven recorded September 8, 1999 at Volume 146, Pages 20 & 21 of Plats. .-.recording reference #99 3489C01
Modifications to the original “Declarations of Restrictions” were made and approved by homeowners in accordance with the procedures delineated in Article 6.2 of the original “Declarations of Restrictions” in December, 2008.
Apple Blossom Farms Homeowners Association has adopted restrictions as to the use thereof in order to preserve said addition as a desirable single-family residential district. These restrictions constitute a general plan applicable to the development and use of said development and all of the lots thereof, and shall be binding upon all of them. Said restrictions hereby adopted, which shall be made a part of all conveyances of premises in plats 1-7 shall be and are as follows:
ARTICLE I - GENERAL PROVISIONS AND DEFINITIONS
I. The word "restriction" or 'restrictions" as hereinafter used shall be held to include and mean the covenants, agreements, conditions, provisions, easements, restrictions and charges herein set forth.
2. The word "building" as used in the Declaration of Restrictions is intended to mean either a detached building or a block of two or more attached buildings.
3. The word "dwelling" as used in this Declaration of Restrictions is intended to mean a building designed and intended for use as a residence for human occupancy.
4. The word "plot" as used in this Declaration of Restrictions is intended to mean any place or parcel of land on which, in accordance with the provisions hereof, the owner shall have the right to erect a single building or a single block of buildings. A plot may consist of a single lot or more or less than a single lot.
5. The word "yard" as used in this Declaration of Restrictions is intended to mean an open space at grade between a building and the adjoining plot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
6. The word "side yard" as used in this Declaration of Restrictions is intended to mean a yard between a building and the side line of the plot on which the building is located, and extended from the front line to the rear line of said plot, and being the minimum horizontal distance between a side plot line and the side of said building or any projections thereof.
7. Apple Blossom Farms Homeowners Association shall have the right to construe and interpret these restrictions, and its construction or interpretations, in good faith, shall be final and binding as to all persons and property benefited or bound by such restrictions. All the restrictions herein contained shall be construed together but if it shall he held that any restriction or any part of any restriction is invalid or unenforceable, no other restriction or restrictions, nor any part thereof shall thereby be affected or impaired.
8. No owner of any plot in the Plat shall subdivide the same or convey less than the whole of any lot or plot, without the expresses written consent of Apple Blossom Farms Homeowners Association.
9 No restrictions imposed hereby shall be abrogated or waived by any failure to enforce the provisions hereof, no matter how many violations or breaches may occur.
10. If, in the opinion of Apple Blossom Farms Homeowners Association, the shape of, dimensions, number of structures or typography of the lot or plat on which a building, structure, or improvement is to be made, is such that a strict construction of these reservations or restrictions would work a hardship, Apple Blossom Farms Homeowners Association may, in writing, modify theses restrictions as to such plots so as to permit the erection of such structure of building or the making of the proposed improvements.
ARTICLE II - USE OF LAND
1. Except as hereinafter provided, all the land in Apple Blossom Farms Plats 1-7 shall be used for residential purposes only and for no other purposes. No more than one residence shall be built for any one plot; no two residences will feature the same exterior facade.
2. Any structure or building erected or maintained upon any of said plots shall be a single residence building, used solely as a private residence for one family and its servants, and accessory buildings the use of which is incidental to such residence building. Garages shall be attached (minimum two (2) car) to the residence. Said garages shall not be used for commercial or manufacturing purposes and shall not be used as temporary residence quarters. No recreational trailer, house trailer or tent shall at any time be used or occupied as a residence, temporarily or permanently, nor shall any residence or other structure of a temporary character be permitted on any lot.
3. All structures and buildings erected and maintained upon said lots and plots shall he constructed with new, adequate and generally accepted building materials. Any dwelling destroyed in whole or part by fire, windstorm, tornado, or any other cause or act of God must be rebuilt within original or improved specifications with reasonable promptness, however, debris shall not remain longer than six weeks without Apple Blossom Homeowners Association consent.
4. No structure or building, or part thereof including porches, verandas, or other projections other than roof overhangs from said buildings shall be erected or maintained upon any lot or plot nearer the front, side street, side plot lines or rear lines, than shown as building lines on the recorded plat of Apple Blossom Farms Plat 1-7 or as set forth hereinafter in this paragraph; and no additions to any residence or garage shall be constructed or maintained upon any plot after once established unless written approval of such addition shall first have been obtained from Apple Blossom Farms Homeowners Association hereinafter provided.
5. No well for gas, water, oil or other substances, shall at any time whether intended for temporary or permanent purposes, be erected, placed, or suffered to remain upon said premises, provided however, that a water well for a lawn sprinkler system or GEO Thermal Heating System may be installed, erected or placed upon said premises. Solar and/or alternative energy sources must be incorporated into the existing home design and approved by the Apple Blossom Farms Homeowners Association.
6. Advertising signs need prior approval from Apple Blossom Farms Homeowners Association. No signs listing “For Rent” or products sold shall be posted. Election and real estate signs may be displayed without prior approval in accordance with local ordinances.
7. No animals, livestock, birds or poultry shall be raised, bred or kept on any lot except that dogs, cats, or other common household pets may be kept provided they are not kept, bred or maintained for any commercial purposes and which are not, and do not, become a nuisance to the owners and inhabitants of Apple Blossom Farms Plats 1-7.
8. No clothes, sheets, blankets or other articles shall be hung out or exposed on any part of said lot except in the rear yards. No laundry of any kind, or other articles, shall be exposed or hung for drying at any time on any front porch or in the front on any building.
9. No boat, boat trailer, house trailer, motor home, commercial vehicles or trucks over one (1) ton of any type shall be parked, kept or stored on any lot unless completely within the closed garages. However, nothing herein shall prohibit the reasonable use of such vehicles as may be necessary during home remodeling or prohibit occasional and nonrecurring temporary parking of such vehicles for a period not to exceed five days in a period of thirty days.
10. All rubbish and debris, and all garbage shall be stored within a garage or out of public view until the evening prior to pick up.
11. No industry, commercial business, trade, occupation or profession of any kind shall be conducted, maintained, or permitted upon said premises. The premises shall not be used in any way or for any purpose which may endanger the health of, or become an annoyance or nuisance to, other homeowners in the neighborhood
12. Lawns shall be maintained to a reasonable neighborhood standard and must be mowed and maintained at least once every two weeks during growing season. Weeds, underbrush or other unsightly growths, shall be controlled and no unsightly objects shall be allowed to be placed or suffered to remain anywhere upon the premises.
ARTICLE III - APPROVAL OF PLANS
1. Apple Blossom Farms Homeowners Association, it's successors and assigns, shall act as the Architectural Control Committee to which all plans and specifications for structures, buildings, room additions, and improvements (including, but not limited to: fences, swimming pools, signs, landscaping walls and automobile driveways) must be submitted. Apple Blossom Farms Homeowners Association hereby expressly reserves to itself, and to its successors and assigns, the right and privilege of assigning a committee to monitor and approve architectural plans.
2. No addition, fence, swimming pool, hedge, wall, storage shed, out building, large satellite dish, or enclosure of any kind, for any purpose, shall be erected, placed or suffered to remain upon said premises until the written consent of Apple Blossom Farms Homeowners Association shall have first been obtained therefore, and to be subject to the terms and conditions of said consent as to its type, height, width, color, upkeep, and any general conditions pertaining thereto that said consent may name. Notwithstanding this restriction, the erection of "split rail" type fences are hereby granted prior approval by Apple Blossom Farms Homeowners Association provided such "split rail" fences are not over four feet in height and are not placed any nearer than the front set-back line of the house. However, the erection of "chain link" fences or enclosures is specifically and permanently prohibited in Apple Blossom Farms Plats 1-7. All of the above must also comply with all local zoning resolutions.
The building elevations set on the site grading plan shall be strictly adhered to. A request for modification can only be approved by Apple Blossom Farms Homeowners Association and only if it does not adversely affects the adjoining lots.
3. In all instances where plans and specifications are required to be submitted to and are approved by Apple Blossom Farms Homeowners Association, if, subsequent to receiving such approval there shall be any variance from the approved plans and specifications in the actual construction or location of the approved improvements, such variance shall be deemed a violation of these restrictions.
ARTICLE IV –EASEMENTS
1. Apple Blossom Farms Homeowners Association reserves to itself, the exclusive right to grant consents, easements, and right-of-ways in the common areas for the construction, operation and maintenance of electric light, telephone and telegraph poles, wires, cablevision wires, and conduits, including underground facilities, for electric, water, gas, sewer and other utilities, conduits and facilities, on, over, below, or under all the areas designated as "utility easement", "sewer easement", or with words similar import on said plat of Apple Blossom Farms Plats 1-7.
2. Apple Blossom Farms Homeowners Association also reserves to itself, the right to go upon or permit any public utility company to go upon the plots in said Apple Blossom Farms Plats 1-7 from time to time to install and maintain such equipment, and to trim trees and shrubbery which may interfere with the successful and convenient operation of such equipment, No buildings or other structures, or any part thereof shall be erected or maintained over or upon any part of the areas designated as “utility easement" "sewer easement", or words of similar import said recorded plat of Apple Blossom Farms Plats 1-7. The term "building" or other "structure" as used in the foregoing portions of this Article IV of this Declaration of Restrictions shall include those structures in the nature of houses and garages, but shall not include plot improvements such as driveways and fences.
3. No owner of any of the lots in Apple Blossom Farms Plats 1-7 shall have the right to reserve or grant any easement or right-of-way upon or over any of the lots in said Apple Blossom Farms Plats 1-7 without the written consent of Apple Blossom Farms Homeowners Association.
ARTICLE V - RIGHT TO ENFORCE
1. In the event of any violation or breach of any of these restrictions or failure to conform thereto, Apple Blossom Farms Homeowners Association is granted the right to summarily abate and remove at the expense of the owner thereof, any erection, thing or condition that may exist contrary to these restrictions, or may take such action at law or in equity which is available to it to enforce such restrictions including reasonable fines, assessments and the reimbursement of legal expenses. The fine schedule will be determined by the Apple Blossom Farms Homeowners Association Executive Board and reviewed on an annual basis. Any owner of a lot in the aforesaid condition shall also have the right and power to initiate and pursue any and all available rights in law or equity against anyone violating these restrictions, in order to provide the proper relief there from.
2. No restrictions imposed hereby shall be abrogated or waived by the failure to enforce the provisions hereof no matter how many restrictions hereby imposed or any of the provisions hereof or of any part of any restriction or provisions shall not impair or effect in any manner the validity, enforceability or effect of the rest of such restrictions and provisions.
3. The rights, privileges and powers granted by this Declaration of Restrictions to, and/or reserved by Apple Blossom Farms Homeowners Association shall be assignable and shall inure to the benefit of the successors and assigns of Apple Blossom Farms Homeowners Association.
ARTICLE VI - PROPERTY OWNER'S ASSOCIATION
1. At any time after the sale of 90% or more of lots in Apple Blossom Farms Plats 1-7 Apple Blossom Development Co. may cause to be incorporated a non-profit corporation under the laws of the State of Ohio, to be called the "Apple Blossom Farms Plat 1-7 Property Owner's Association", or a name similar thereto, 'and upon the formation of such association, every owner (meaning a full building site) shall become a member therein, and each such owner, shall be entitled to one vote on each matter submitted to a vote of members for each lot owned by him or it; provided, however, that where title to a lot is in more than one person, such co-owners acting jointly shall be entitled to but one vote.
2. The Home Owners' Association, by vote in person or by written proxy of two-thirds (2/3) of its members, may adopt such reasonable rules and regulations as it may deem advisable to the maintenance, conservation and beautification of the property, and for the health, comfort, safety, and general welfare of residents on said property, and all parts of said property shall at all times be maintained subject to such rules and regulations. Said rules and regulations may include an annual assessment of each member for the care and maintenance of the entrance, boulevard and cul-de-sac lands contained in Apple Blossom Farms Plats 1-7 and/or for the other maintenance providing general benefit for the subdivision. The “Code of Regulations of Apple Blossom Farms Homeowners Association” directs and provides the authority to conduct all association business.
3. Upon the sale of all lots in this subdivision, Apple Blossom Development Co. will be an instrument in writing in the nature of an assignment, vest the Property Owners' Association with all the rights, privileges and power herein retained by the Apple Blossom Development Co. Association which said agreement shall be recorded in the Office of the Recorder of Deeds of Lucas County, Ohio.
ARTICLE VII - DURATION OF RESTRICTIONS
1. The restrictions, covenants, conditions, agreements, and other provisions herein contained shall run with all the land in Apple Blossom Farms Plats 1-7 and shall be binding upon all persons (whether natural, corporate or otherwise) their heirs, executors, successors and assigns, who hold any interest whatsoever in said Apple Blossom Farms Plats 1-7 regardless of how or in what manner said interest is acquired.
2. A violation of any of the rules and regulations adopted by Apple Blossom Farms Homeowners Association shall be deemed a violation of this Declaration and may be adjoined as herein provided.
IN WITNESS THEREOF, Apple Blossom Farms Homeowners Association has caused this Declaration to be signed by its officers on this day and year.
Joseph Thieman, President Lawrence Mack, Vice President
Mathew Denman, Treasurer
On this __________day of _________________________, 2009, before me, a Notary Public in and for said County and State, appeared the officers of Apple Blossom Farms Homeowners Association.