CONDITIONS AND RESTRICTIONS
The undersigned, PRMDC, Ltd., an Ohio Limited Liability Company (PRMDC), fee owner of the real properly now duly platted and recorded in Plat Book 65, Page 21, of the Plat Records of Stark County, Ohio, hereby makes the following declarations as to the limitations, restrictions, covenants, and uses to which the lots constituting said he put, specifying that said declarations shall constitute covenants to run with the land, and shall be binding on all parties and all persons claiming under them, and for the benefit of and the limitations upon all future owners in said allotment, this declaration of restrictions being designed for the allotment, this declaration of restrictions being designed for the purpose of setting forth a general plan for the mutual benefit and protection of all present and future owners in said Allotment.
1) By acceptance of the Deed making reference to these covenants and restrictions, and as part of the consideration therefore, the Grantees therein, their heirs, successors and assigns, do covenant and agree with and for the mutual benefit of the said Grantees and the Grantor therein, its successors and assigns, that said real estate described in said Deed shall be subject to the covenants, conditions, and restrictions hereinafter set forth.
2) Said premises shall be used solely and exclusively for single family private residence purposes. No buildings or structures (including fences and walls) or any additions thereto or any alterations thereof shall be erected, reconstructed, placed, or suffered to remain upon said premises unless and until the size, location, type, cost, use the materials, or construction thereof, the color scheme therefor, the grading plan of the lot, including the grade elevation of said building and structure upon said premises and the plans, specifications and details of said buildings and structures shall have been approved in writing PRMDC, its successors and assigns, and no buildings or structures, except such as conform to said plans, specifications and details shall be erected, reconstructed or suffered to remain upon said premises. A true copy of said plans, specifications and details shall be delivered to PRMDC, its successors and assigns. No residence erected on said premises shall exceed two stories in height.
There shall be no exposed concrete block on any exterior elevation. A brick band to grade is required on the front elevation of all residences; stucco or split face block is acceptable on the sides and the rear of the residence.
3) On lots 7-20: no single story residence shall be erected on any lot, which has less than 1,200 square feet level area, less garage). No multi-story residence shall be erected which has less than 1,400 square feet (less garage.
On lots 1-6 and 21-32: no single story residence shall be erected on any lot, which has Iess than 1,400 square feet (ground level area, less garage). No multi-story residence shall be erected which shall contain less that 1,600 square feet (less garage).
On lots 33-46′. no single story residence shall be erected on any lot, which has less than 1,600 square feet (ground level area, less garage). No multi-story residence shall be erected shall contain less that l,900 square feet (less garage).
All residences must provide for an attached garage, providing space for a minimum of two automobiles. Carports are expressly prohibited. All structures erected on said premises shall be completed within one year from the date the construction is commenced.
4) At the time of the erection of every residence dwelling upon the premises herein, there shall also be erected adjacent to the driveway to said premises, and at a minimum of twenty (20) feet the curb, a method of illumination to be approved in writing by PRMDC, its successors and assigns.
5) No mail boxes shall be erected or maintained on said premises until the style, color, and location have been approved in writing by PRMDC, its successors and assigns.
6) No part of any dwelling exclusive of open porches and steps, shall be located nearer than the following:
| Front | Rear | Side Single Story | Side Multi-Story | ||
| R-1 | Lots 7-20 | 25 | 30 | 6 | 8 |
| R-2 | Lots 1-6 & Lots 21-32 | 30 | 30 | 8 | 10 |
| R-3 | Lots 33-46 | 30 | 35 | 10 | 12 |
However, in the event a residence is situated on more than one contiguous lot, the outside lot lines only shall be applicable.
7) No mobile trailer, mobile home, utility building, recreational vehicle, boat, or non-operational vehicle shall be kept, maintained, or stored outside the garage on said premises. No building shell be moved onto said premises and no basement residence shall be permitted on said premises.
8) No animals shall be kept or harbored on said premises except two (2) house pets (either cats or dogs) per residence.
9) No sign of any kind shall be displayed to the public view on any lot or in any residence window, except one sign of not more than four (4) square feet advertising the “For Sale”.
10) No shall be constructed until the plans therefor shall have been approved in writing by PRMDC, its successors and assigns. No solid fence nor railing, excepting a hedge of shrubbery fence, not to exceed thirty (30) inches in height, shall be built nor permitted in the front of the building lines, nor shall any solid fence exceeding six (6) feet in height to be built nor permitted, in rear or side of said lot.
11) During construction, a solid base construction driveway shall be provided by owner, for a distance of not less twenty-five (25) feet from the curb, and any curb damage shall be repaired.
12) All permanent driveways leading to the the street must be of a hard surface, either blacktop or concrete, and installed within one year completion of residence.
13) No liquor, either mall, spirituous, vinous, or fermented, shall at anytime be manufactured, sold, or traded in or on said premises.
14) No business of any nature shall be carried on upon said premises, nor shall anything be done thereon, which may be, or become an annoyance to the neighborhood. No noxious or offensive activity shall be carried on upon said premises. There shall be no storage of toxic or dangerous chemical substances excluding general household cleaners.
15) No shop, store, factory, saloon, tenement, lodging house, boarding house, public garage, barn stable, hotel, asylum, institution of kindred or like nature, nor charitable or non-profit institution shall be permitted on the premises hereby conveyed.
16) No T.V. Dish antennas exceeding 39” in diameter may be placed on the premises. Any units 39” or smaller must not be placed within view the flout of the property.
17) The Corporation does for itself and its successors and/or assigns reserve a perpetual easement for utility installations (including gas, electricity, telephone, cable, storm sewer, sanitary sewer and water) and the maintenance thereof over ten (10) feet off the front, rear, and side lines of each Lot.
18) PRMDC, its successors or assigns, reserves the right to organize an association to which the owners of lots in the University Village shall be eligible to membership, for the purpose of enforcing the restrictions of said Allotments, the doing of such things as may be necessary and advisable to maintain the beautification and values of the property located in said Allotments, and eventually taking and the duties reserved by PRMDC in these restrictions. The Association shall be formed the sale of the first lot. Lot owners shall pay an annual fee of $125.00 per year to the Association.
19) If any difference shall arise between interested parties as to the construction, interpretation, application or meaning of any provision of this instrument establishing the Conditions, the decision on and determination of such construction shall he made by PRMDC, or its designee for that purpose, and any decision which PRMDC or its designee shall reach shall be final and conclusive on all parties.
20) Owners shall comply with all applicable government regulations, including, but not limited to, local zoning, EPA and soil erosion rules and regulations.
21) All utility services shall be underground. PRMDC reserves the right to grant additional easements for utility service to be maintained and installed.
22) Declarant reserves the right to require lot owners, at their cost, to install sidewalks in accordance with the City of Massillon Subdivision regulations.
23) All of the covenants, conditions, and restrictions shall be construed together, as part of a uniform code; provided, however, that if any one or part of said covenants, conditions and restrictions be held to be unenforceable or invalid, the validity of no other covenant, condition, nor restriction, no part thereof, shall be thereby impaired.
24) The provisions herein made shall inure to the benefit of, and be enforceable by PRMDC, or the owner or owners, of any lot included in said Allotments, their administrators, executors, heirs, successors and assigns, and failure by any person or persons who have the right to object to any violation or to enforce any covenant, condition, or restriction herein contained, however long continued, shall be, in no event, deemed a waiver of the right to object to, or enforce, such breach of the covenants, conditions, and restrictions herein contained.
25) Any of the covenants and restrictions set forth herein may at any time, and in any manner, be changed with the written consent of the owners of seventy-five percent (75%) of the lots in said Allotment. For these purposes, each lot shall be deemed to be owned by one owner, being the first person or entity whose name appears on the deed or other evidence of title creating the vested interest in said lot or lots. Notwithstanding the foregoing, PRMDC reserves the right to modify set back and side line restrictions until 95% lots are sold.
26) THE PURPOSE OF THESE COVENANTS AND RESTRICTIONS (“CONDITIONS”) IS TO PROTECT THE LOT OWNERS FROM UNDUE DEPRECIATION TO THEIR LOT AND PROMOTE THE BEAUTIFICATION AND ENHANCE THE VALUE THEREOF. BY ACCEPTANCE OF A DEED TO ANY LOT, THE GRANTEE(S) AND GRANTEE(S)’ SUCCESSORS AND ASSIGNS, ACKNOWLEDGE THAT THESE CONDITIONS AND RESTRICTIONS ARE FAIR AND REASONABLE AND ARE FOR THE BENEFIT OF THE OWNERS OF LOTS IN THE SUBDIVISION.
CONDITIONS AND RESTRICTIVE COVENANTS TO THE UNIVERSITY VILLAGE 1 (“SUBDIVISION”) LOCATED IN THE CITY OF MASSILLON, OUTLOT NO. 557, STARK COUNTY, OHIO.
PRMDC, LTD. AN OHIO LIMITED LIABILITY COMPANY, OWNER AND DECLARANT.