LAKELAND II SUBDIVISION
1. Building sites shall be used and occupied solely for private residential purposes by a single family, including family servants.
2. The living space above grade for a one-story dwelling exclusive of open porches and garages, erected upon said above-described lots, shall be not less than 1,500 total square feet. The living space of a one and a half story, two-story, or tri-level dwelling, exclusive of open porches and garages, erected on said above-described lots, shall be not less than 1,800 total square feet above grade. No cinder or cement block structure shall be permitted on said lots except in foundations. The dwelling unit must be completed within a six (6) month period from the start of construction.
3. No building or structure such as house trailers, manufactured homes, or other types of housing structures which are built and assembled at another location will be permitted to be moved onto any lot in this subdivision.
4. Drives shall be at least ten (10) feet in width and constructed of blacktop, concrete or paving brick. Construction of sidewalks within the street right-of-way shall be the responsibility of the Lot owner in accordance with the City of Wapakoneta Specifications.
5. No noxious or offensive activity shall be carried on or upon any lot in said above-described plat, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
6. No trailer, basement, tent, shed, garage, barn or other outbuildings shall be used on any lot at any time either as a temporary or permanent dwelling.
7. No signs of any kind shall be displayed to the public view on any lot in said plat, except one of the following types:
1. One (1) sign advertising the property for sale or rent;
2. One (1) sign to advertise the property during construction, development and sale.
8. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot in said plat excepting dogs, cats or other household pets, not to exceed a total of two (2) Pets, providing they are not kept, bred or maintained for any commercial purpose. Kennels are hereby strictly forbidden.
9. No lot in said plat shall be used or maintained as a dumping ground for rubbish or trash. Garbage or other wastes shall be kept only in sanitary containers. All lots shall be mowed and the grass kept neat, trimmed and cut at all times.
10. These covenants, restrictions and limitations shall be binding on all parties hereto and all owners of lots in said plat for a period of ten (10) years from this date, after which time, such covenants, restrictions and limitations shall automatically extend for successive periods of one (1) year unless an instrument in writing, signed by a majority of the owners of the lots in the premises, has been recorded agreeing to change said covenants, restrictions or limitations in whole, or in part, which agreement shall specifically enumerate the changes thereof.
11. No trucks or trailers other than those used for family purposes, of any type shall be parked, kept or stored on any lot in said subdivision unless the same be parked, and kept or stored in a garage or other accessory building which has been erected with the consent and approval of the developer, or it's assignee. No boats, trailers, motor homes or other chattels of a similar nature shall be stored or maintained on any lot in said subdivision for a period of longer than three (3) days.
12. No owner of any Lot shall interfere with the natural flow of surface water through drainage swales or drainage pipes on his Lot.
13. Enforcement of the terms of these restrictions shall vest in each of the Lot owners of this development. Said Lot owners may, at their discretion, join together to enforce any and all of the terms of this agreement.
Enforcements shall be proceedings in law or in equity against any person or persons or legal entity violating or attempting to violate any covenant, restrictions, or limitations. These remedies are available to any lot owner of said above-described premises who may seek both a restraint of such violation and damages thereof.
14. All easements and right-of-way are reserved in and over such said lots as are shown on said plat, for the construction therewith for the transmission of electricity, for telephone or drainage facilities including surface drainage and other purposes; also for the construction, operation, and maintenance of drains, sewers and pipe lines for supplying gas, water, heat and for any other public or quasi-public utility or function maintained, furnished or performed in any method beneath the surface of the ground easements shown upon the plat may also be used by utility companies as circumstances require.
15. No fence shall be erected on any lot in this subdivision without the express written approval of the Developer or its assignee. Any application for the construction of a fence shall show the location, height and type of material and if approved and built shall be properly maintained at all times.
16. No television, radio or other type of external antenna or receiving dish shall be installed on any lot without the express written approval of the developer or its assignee. Approval will only be granted if the design and location is determined by the developer or its assignee, at its sole discretion, to be of no detriment to the ascetics of the neighborhood.
17. In the event that there is invalidation of any one of those covenants, changes restrictions or limitations by judgement or order of any court of competent jurisdiction, the same shall in no way affect any of the other provisions hereof, which shall remain in full force and effect.
18. No structure including the main residence, garages, out buildings or storage sheds shall be erected on any lot in the subdivision until the plans and specifications have been approved, in writing, as to location, grade, elevation, size of structure and external design, by an architectural committee appointed by Schlenker Developments, Inc., an Ohio Corporation, the developer. The original committee shall consist of John A. Schlenker, Philip E. Schlenker and Edward Shroyer. The building plans shall include at least a site plan, elevation plan and floor plan.
In the event of the death or resignation of any member of the committee originally appointed, the remaining member or members of the committee shall have the power to appoint new members to fill the vacancies.
In the event such architectural committee fails to approve or disapprove said plans and specifications within thirty (30) days after being submitted to them, then such approval shall not be required, provided the design is in harmony with similar structures in the development and conforms to all other covenants, restrictions and conditions set forth herein.
19. These Protective Covenants are in addition to any applicable City of Wapakoneta building and zoning regulations.