The deed
of each lot In Rustic Hills contains the following restrictions. They are
Included in this manual as a service to help Insure that all residents are aware
of them. The RHPOA supports these restrictions and request that all residents
comply with them.
1.
RESIDENTIAL USE:
All of the lots in Rustic Hills
Development except as hereinafter expressly provided to the contrary, including
all lots enlarged or recreated by shifting or location of side boundary lines,
are restricted to the use of a single family, their household servants and
guests. Only one dwelling shall be erected to the lot, and buildings restricted
to the use of one family may be erected. A construction shed may be placed on a
lot and remain there temporarily during the course of active construction of a
residence. Otherwise, no portable building or trailers may be moved on a lot.
2. NO TRADE, BUSINESS, PROFESSION, ETC.: No trade, business,
profession, or other type of commercial activity shall be carried on upon any of
the land in this subdivision, except as provided in paragraph 1 hereof. This
shall not prevent an owner of a single-family residence from renting said
property for residential use.
3. LAWNS AND LANDSCAPING:
All lawns in the front of the
property shall extend to the pavement line. No gravel or paved parking strips
are to be allowed except as approved on the plot plan of the plans and
specifications.
4. APPROVAL OF PLANS, SPECIFICATIONS AND LOCATION OF BUILDINGS:
In order to insure that the
homes and other buildings In Rustic Hills Development will preserve a uniformly
high standard of construction, no building or other structure shall be
erected, placed, or remain on any building lot in this subdivision until a set
of plans of the working drawings and specifications, including a plat plan
showing the location of the buildings or other structures, terraces, patios,
walls, fences (must be of split rail construction), driveways, poles, property
lines and setbacks, is submitted to the Grantor or to an association of the
landowners and approved by the Grantor or said association of landowners as
meeting the requirements of these restrictions and as being in accordance with
the building, plumbing, and electrical codes of the County of Medina in effect
at the time construction or alteration of any such building has begun. Refusal
of approval of plans and specifications and location by the owner and/or an
association may be based on any ground, including purely aesthetic grounds,
which in the sole and uncontrolled discretion of the owner and/or association
shall seem sufficient. No alterations in the exterior appearances of buildings
or structures shall be made without like approval. The provisions herein
contained shall equally apply to repair, alteration or modification made in any
building, wall or other structure.
The issuance of the City of
Medina of a building permit or license, which may be in contravention of these
restrictions, shall not prevent the grantor or association or any of the lot
owners from enforcing these provisions.
The Grantor herein may request
all of the individual lot owners In this subdivision to form an association of
lot owners and upon the formation of said association, the Grantor may assign to
said association its right to approve plans, specifications, and locations of
buildings and to enforce these restrictions. After this has been done, all
plans and specifications shall be submitted to said association for
approval rather than the Grantor herein.
5. SETBACK LINES AND SIZE OF BUILDINGS:
All buildings erected or
constructed on any lot shall conform in area and setback limitations to the
following table (no building shall be erected on any lot which does not comprise
at least the number of square feet designated in this table):
Minimum Sq. Feet, 1400 Set back
requirements from lot: Front, 60; Back, 20; Sides, 20.
Where two or more lots are
acquired and used as a single building site, the side lot lines shall refer only
to the lines bordering on the adjoining property owner.
Setback lines for corner lots,
odd‑shaped lots, wooded lots, and lake front lots shall be as nearly as
possible as set out above except that variations may be authorized by the
Grantor and/or association at the time plans for buildings are submitted and
copy of such plans, including the plot plan will be kept on file by the Grantor
and/or association to establish the setback lines as approved.
6. METHOD OF DETERMINING SQUARE FOOT AREA:
The method of determining the
square foot area of proposed buildings and structures or additions and
enlargements thereto shall be to multiply the outside horizontal dimensions of
the building or structure at each floor level. Garages, carports, screened
porches and basement, patio and terraces shall not be taken into account in
calculating the minimum square foot area as required by this restrictive
covenant.
7. LOT AREA AND WIDTH:
No
dwelling shall be erected or placed on any lot having a width of less than 125
feet at the minimum building front setback line nor shall any dwelling be
erected or placed on any lot having an area of less than 43,500 square feet.
8. LOCATION OF GARAGES AND PARKING OF TRUCKS:
No garage shall be erected which
is separated from the main building and all garages must be sufficient size for
two or more cars. No trucks of any kind shall be permitted to be parked in this
subdivision for a period of more than four hours, unless the same is present
in the actual construction or repair of buildings located on the land, and no
trucks shall be parked over night.
9. BOATS, BOATHOUSES AND ANCHORAGE:
No boathouse shall be
constructed on or adjacent to any of the waterfront lots in the subdivision.
10. FILLING IN:
No lot or parcel shall be
increased in size by filling in the waters on which it abuts.
11.
WALLS:
No boundary wall shall be
constructed with a height of more than five feet above the ground level of
adjoining property and no boundary line hedge or shrubbery shall be permitted
with a height of more than five feet. Such walls or hedges where partially open
will be permitted to a height of not more then five feet. No wall of any height
shall be constructed on any lot until after the height, type, design and
approximate location thereof shall have been approved in writing by the Grantor
and/or association. The heights or elevations of any wall shall be measured
from the existing property elevation. Any questions as to such heights may be
conclusively determined by the Grantor and/or association.
12. ANIMALS, ETC.:
No animals, birds or reptiles of
any kind shall be raised, bred, or kept on any lot except that dogs, cats, and
other household pets may be kept, provided that they are not kept, bred, or
maintained for any commercial purpose. No animal, bird or reptile shall be kept
in such a manner as to constitute a nuisance.
13. NUISANCES:
No activity or business or any
act shall be done upon the property covered by these restrictions, which may
be or may become an annoyance or nuisance to the neighborhood.
14. GARBAGE CONTAINERS:
All garbage or trash containers,
oil tanks and bottled gas tanks must be under ground or placed in
walled‑in areas so that they shall not be visible from the adjoining
properties.
15. CLOTHES DRYING AREA:
No outdoor clothes drying area
shall be allowed except in the rear yard and in the case of corner lots, may not
be placed within 40 feet of the side street line.
16. SIGNS AND DISPLAYS:
No "For Rent" or
"For Sale" signs larger than 216 square inches shall be erected or
displayed on this property or on any structure unless the placement and
character form and size of such sign are first approved in writing by the
Grantor and/or association. No signs of a commercial nature shall be erected.
17. UTILITY AND DRAINAGE EASEMENTS:
There are hereby reserved for
the purpose of Installing and maintaining public utility, drainage easements and
bridle path easements and for such other purposes incident to the development of
the property those easements shown upon the plat of this subdivision; there is
also reserved easements and rights‑of‑way for constructing anchor
guys for electric and telephone poles.
18. MAINTENANCE OF PREMISES:
No weeds, underbrush or other
unsightly growths shall be permitted to grow or remain upon the premises
hereby conveyed, and no refuse pile or unsightly objects shall be allowed to be
placed or suffered to remain anywhere thereon; and in the event that the Grantee
herein shall fail or refuse to keep the demised premises free from weeds,
underbrush or refuse piles or other unsightly growths or objects, then the
Grantor and/or association may enter upon the lands and remove the same at the
expense of the owner, and such entry shall not be deemed a trespass.
19. NO TEMPORARY BUILDING:
No tents and no temporary or
accessory building or structure shall be erected without the written consent of
the Grantor and/or association.
20. WAIVER OF RESTRICTIONS:
The failure of the owner and/or
association to enforce any building restriction, covenant, condition,
obligation, right or power herein contained, however long continued, shall in no
event be deemed a waiver of the right to enforce thereafter these rights as to
the same violation or as to a breach or violation occurring prior or subsequent
thereto.
21. RIGHTS OF GRANTOR AND/OR ASSOCIATION:
The Grantor and/or association
reserves the right to itself, its agents, employees or any contractor or
subcontractor, dealing with the Grantor and/or association to enter upon the
land covered by these restrictions for the purpose of carrying out and
completing the development of the property covered by these restrictions,
including but not limited to completing any dredging, filling, grading, or
installation of drainage. These reserved rights in the Grantor and/or
association shall also apply to any additional improvements which the Grantor
and/or association has the right but not the duty to install including but not
limited to any streets, sidewalks, curbs, gutters, beautifications or any other
improvement.
In this respect the Grantor and/or association agrees to restore said property to its condition at the time of said entry, and shall have no further obligation to the Grantee In connection therewith.
22. REMEDIES FOR VIOLATIONS:
Violation or breach of any
condition, restriction or covenant herein contained by any person or concern
claiming under the Grantor, or by virtue of any judicial proceeding, shall give
the Grantor and/or association or individual lot owner of said subdivision, in
addition to all other remedies, the right to proceed at law or in equity to
compel a compliance with the terms of said conditions, restrictions or
covenants, and to prevent the violation or breach of any of them. In addition
to the foregoing, the Grantor and/or association or individual lot owner shall
have the right whenever there shall have been built on any lot any structure
which is in violation of these restrictions, to enter upon the property where
such violation of these restrictions exists and summarily abate or remove the
same at the expense of the owner, and such entry and abatement or removal
shall not be deemed a trespass.
23. ADDITIONAL RESTRICTIONS:
The Grantor and/or association
may include In any deed hereafter made conveying lands in said subdivision any
additional restrictive covenants or modifications not inconsistent with those
therein contained or additional utilities or drainage easements.
23.
INVALIDITY CLAUSE:
Invalidation
of any of these covenants by a court of competent jurisdiction shall in no wise
affect any of the other covenants which shall remain in full force and effect.