Together with the right in common with other owners of lots in said subdivision to use for all usual purposes the street, ways, beaches, recreation areas, and other public areas, as shown on the said plat, and the right in common with the other owners of lots in the said subdivision to use the lake beaches for swimming, fishing , and boating in accordance with the rules and regulations of Lakengren Property Owners Association, Inc., its successors or assigns.
LAKENGREN, INC. has acquired a large tract of land in said township on which it intends to build a lake and subdivide the land around it into lots and sell said lots to diverse persons with streets and other areas to be used by all the lot owners in common, which lake, streets, and other areas will be private and accessible only to lot owners, who are members of Lakengren Property Owners Association, Inc. and subject to its rules. Each property owner in Lakengren Subdivision shall and must be responsible for his allocate share of the costs of the upkeep of all improvements, streets, and areas for common use of property owners in said subdivision and lake, as hereinafter set out, and for that reason this conveyance is made subject to the following restrictions which are expressly excepted from the covenants of warranty herein contained. By the Grantee’s acceptance of this deed, the Grantee agrees to conform to the following restrictions and conditions and agreements (numbered 1-10), in the following recitals of which, the Grantee may be referred to as “Grantee”, “Purchaser” or “lot owner”, while the term “Grantor” shall refer to LAKENGREN, INC.
1. Said lots shall be used exclusively for residential purposes except those lots that may be designated, subject to rezoning (if any), and zoned as business or commercial areas on the plats by Lakengren.
2. Not more than one single family dwelling house may be erected or constructed on any one lot, nor more than one building for garage or storage purposes and provided further that no building or structure of any kind shall be erected prior to the erection of a dwelling house. No accessory or temporary building shall be used or occupied as living quarters. No structure shall have tar paper, roll brick siding or similar material on outside walls. No house trailers, campers, tents, shacks, or similar structures shall be erected, moved to or placed upon said premises.
3. No residence shall have less than 900 sq. ft. of living space on the ground floor, or first floor, exclusive of porch area. No porch or projection of any building shall extend nearer than forty (40) feet to any road right of ways, nor nearer than ten (10) feet to the property line of any abutting property owner, nor within fifty (50) feet from the normal water line of any lake located on Lakengren Subdivision, as the same are shown on recorded plats. All plans and specifications for any structures or improvement to be erected on or moved upon or to any lot, and the proposed location thereof on any lot or lots, the construction material, the roofs, and exterior colors schemes as well as all remodeling, reconstruction, alteration, or additions thereto on any lot shall be subject to and shall require the approval in writing of Lakengren Property Owners Association, Inc. or its duly authorized agent before any such work is commenced. Said Association shall have the right to disapprove any plans, specifications or details submitted to it in the event the same are not in accordance with all of the provisions of these restrictions or the rules and regulations promulgated by said association or when (1) the design or color scheme of the proposed building or other structure is not in harmony with the general surroundings of such lots or with the adjacent buildings or structures, (2) the plans and specifications submitted are incomplete, or (3) the Association deems the plans, specifications or details or any part thereof, to be contrary to the interest, welfare or rights of all or any part of the real property subject hereto, or the owners thereof. The decisions of the Association shall be final. Neither the Association, its agents nor LAKENGREN, INC., or its agents shall be responsible for structural deficiencies, or any other defects in plans or specifications submitted, revised or approved in accordance with the foregoing provisions.
4. No outside toilet shall be allowed on the premises. No untreated waste shall be allowed to enter into any lake located on Lakengren Subdivision. Each dwelling shall have an individual sanitary unit, said type unit to be determined by the Preble County Board of Health, based upon results of percolation tests submitted by each lot purchaser; such unit to be a septic tank and leaching bed, an aeration system and leaching bed or an aerobic digester system as indicated upon the permit issued by said Department of Health prior to any installation. No drain field or other disposal system shall be allowed nearer than sixty (60) feet from the normal high water mark of any lake located on Lakengren Subdivision. Any malfunction of a sanitary system, after being reported to the lot owner by the Association or the County Board of Health and not repaired within seven (7) days may be cause for termination of water service until such repairs are effected. LAKENGREN, INC. has authorized the Preble County Commissioners to establish a Sewer District to serve Lakengren Subdivision. If and when said Sewer District determines it feasible to provide a central sewer system the cost of same may be assessed to the lot owners of Lakengren Subdivision. No individual water wells shall be allowed on any residential lot and each resident shall use the central water supply, if any, from Public Utility supplying water to the subdivision.
5. No noxious or offensive trade or activity shall be permitted on any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No animals or fowl shall be kept or maintained on said lot except customary household pets. No signs of any kind shall be displayed on any lot without the written permission of LAKENGREN, INC. or its successors or assigns. All lots must be kept in a tidy manner. Failure to do so will result in maintenance of said lot by the Property Owners Association to which event a proper charge for the same will be assessed and collected as provided in Restriction Number 8 hereof. 6. No boat docks, floats or other structures extending into a lake shall be constructed or placed into or on said lake without prior written approval of LAKENGREN, INC., or its successors or assigns. Use of the lakes shall be in compliance with the rules and regulations of the Lakengren Property Owners Association, Inc.
6. LAKENGREN, INC., for itself, its successors and licensees reserves a fifteen (15) foot wide easement along all road rights of way and a five (5) foot wide easement along the side and rear lines of each and every lot for the purpose of installing, operating and maintaining utility lines and mains thereon, together with the right to trim and/or cut or remove any trees and/or brush and the right to locate guy wires, braces, and anchors wherever necessary for said installations, operations or maintenance; together with the right to install, operate and maintain gas and water mains, sewer lines, culverts, and drainage ditches, and other services and appurtenances thereto, for the convenience of the property owners, reserving also the rights of ingress and egress to such areas for any of the purposes mentioned above. If and when the Sewer District established by the Preble County Commissioners determines it feasible to install a central sewer such District shall have, and it hereby is, granted the right, along with other authorized utilities, to use the herein reserved easements to install and maintain such central sewer system.
Exceptions: (1) where an owner of two or more adjoining lots constructs a building which shall crossover or through a common lot line, said common lot line shall not be subject to the aforementioned five (5) foot easement unless it is shown on recorded plats; (2) no easement shall exist on that portion of any water front lot running along or abutting the shoreline of Lakengren unless shown on the recorded plats, except, however, LAKENGREN, INC., for itself, its successors, assigns and licensees reserves the right to cause or permit drainage of surface waters over and/or through said lots. LAKENGREN, INC., its successors or assigns, reserves an easement on, over or under all road rights of way for the purpose of installing, operating, and maintaining the above-mentioned utilities and drainage.
The owners of said property shall have no cause of action against LAKENGREN, INC., its successors, assigns, or licensees either at law or in equity excepting in case of willful negligence, by reason of any damages caused said property in installing, operating, removing or maintaining the above-mentioned installation. LAKENGREN, INC., its successors and assigns, reserves all mineral rights to the lands hereto.
8. Each lot owner in Lakengren Subdivision shall be subject to an annual dues charge of $60.00 which he agrees to pay to Lakengren Property Owners Association, Inc. its successors and assigns, annually, on the 1st day of April commencing in the year following the date of the Agreement to Purchase, for the maintenance and upkeep of the various areas reserved for the use of the property owners, irrespective of whether the privileges of using such areas are exercised or not and shall further, upon applying for membership in said association, pay the initiation fee as is then established by the Association pursuant to its Code of Regulations. Grantee agrees that the use of any of the above-mentioned area shall be subject to approval of Grantee, his heirs, executors or assigns, for membership in Lakengren Property Owners Association, Inc. as herein provided and to comply with all rules and regulations from time to time promulgated by said association. Grantee, for himself, his heirs, executors and assigns, further agrees that the charges herein set forth shall be and constitute a debt which may be collected by suit in any suit in any court of competent jurisdiction or otherwise; and that upon the conveyance of any part of the land described herein, the purchaser thereof and each and every successive owner and/or owners shall from the time of acquiring the covenant and agree, as aforesaid to pay to Lakengren Property Owners Association, Inc., its successors and assigns, all charges past and/or future as provided in, and in strict accordance with the terms and provisions hereof. As part of the consideration herein, Grantee for himself, his heirs, executors or assigns, agrees that he will not sell, assign or convey to any person, or persons, not approved for memberships in Lakengren Property Owners Association, Inc., and all persons owning residential lots in said Subdivision shall be members of said Association.
9. Grantee for himself, his heirs, executors or assigns, agrees that as a consideration of sale, and as a condition precedent to the installation of water mains adjacent to the lots as herein described, which said mains are to be located by LAKENGREN, INC., its successors or assigns that the Grantee(s) jointly and severally promise to pay to the Grantor or its assignee a minimum of $5.00 per month, payable annually in advance, so long as water service is available. Payment thereof for the first year or part thereof shall be due on the first day of the month immediately following the availability of water service to Grantee, his heirs, executors or assigns, whether or not an actual water service connection is then in existence to said Grantee, his heirs, executors or assigns, for the period beginning with said month and ending on March 31st subsequent thereto, and thereafter due and payable in the amount of $60.00 annually in advance on the first day of April of each year. The foregoing charge is for the availability of water service and is not a contribution in aid of construction. The Grantor, its successors or assigns, upon receiving a written request and $195.00 will install a water service connection from the main to the Grantee’s lot line, and thereafter Grantee, his heirs, executors or assigns shall pay a minimum water service fee, regardless of use, of $5.00 per month in lieu of and in the same manner as the water availability charge The aforesaid charges are subject to change by the Public Utilities Commission of Ohio. Exceptions and further explanations pertaining to conditions for water service have been, or will be, recorded in the Office of the Recorder of Preble County, Ohio, and are hereby incorporated in and expressly made a part of this Agreement by reference. Charges for water service and for the availability of water service which are not paid within ten (10) days after the first day of the month in which they are due shall be increased by a ten (10%) percent overdue charge. Any costs incurred by the Grantor, its successors or assigns, in the collection of the aforesaid charges shall be borne by the Grantee, his heirs, executors or assigns. It is understood and agreed that the above-mentioned consideration, if unpaid, shall constitute a lien encumbrance on or against said lot, tract or parcel of lands, which lien shall be equal to and shall participate with other liens as provided by law. With regard to the agreement to pay the Grantor, its successors or assigns, the aforesaid charges, the Grantee, his heirs, executors or assigns and each successive Grantee, authorized and empowers any attorney at law to appear in any court of record in the state of Ohio, or elsewhere, from time to time and as many times as shall be deemed necessary by Grantor, its successors or assigns, and waive the issuing and service of process and confess a judgment against said Grantee, his heirs, executors, assigns or successive grantees, in favor of such Grantor, its successors or assigns, for the amount then due, together with costs of suit, with or without declarations, without defalcations and without stays of execution and thereupon release all errors and waive all rights of appeal. * The above original Deed Restriction became invalidated by the bankruptcy of Lakengren Utilities I Inc., therefore the establishment of the Lakengren Water Authority located at 209 Lakengren Drive West, Eaton, Ohio 45320.
10. These restrictions shall be considered as covenants running with the land, and shall bind the Grantees, their heirs, executors, administrators, successors, and assigns, and if said Grantees, their heirs, executors, administrators, successors or assigns, shall violate, or attempt to violate, any of the covenants or restrictions herein contained, it shall be lawful for any person or persons owning any land in the subdivision to prosecute any proceeding at law or in equity against the persons or persons violating or attempting to violate any such covenants or restrictions either to prevent him or them from doing so, or to recover damages for such violation. The restrictions, conditions, covenants or agreements set forth in Paragraphs 1, 4, 5, 7, 9, and 10 shall continue until January 1, 2020 A.D. All the other restrictions, conditions, covenants or agreements contained herein shall continue until January 1, 1975 and the same may be thereafter, and from time to time, changed, altered, amended or revoked in whole or in part by the owners of the lots in the subdivision whenever the owners of at least two thirds of the said lots so agree in writing. Any invalidation of any one of these covenants or restrictions shall in no way affect any other of the provisions thereof which shall there after remain in full force and effect.