DECLARATION OF SUBDIVISION · alterations, or restorations. Submission lo the Committee shall not be deemed to have occmred unless and until at least one member of the Committee has

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DECLARATION OF SUBDIVISION

ESTABLISIDNG COVENANTS, CONDITIONS, AND RESTRICTIONS

FOR THE PROJECT KNOWN AS

NOTTINGHAM SUBDIVISION, SECTION FOUR

Prepared by:

Michael A. Staudt

MIAMI COUNTY RECORDER JOHNS ALEXANDER

0482944 PRESENTED FOR RECORD

MIAMI COUNTY, TROY, OHIO 02/22/2008 10:28:00AM

REFERENCES 0 RECORDING FEE 148 .00

PAGES: 17

FA ULKNER GARMHAUSEN KEISTER & SHENK A Legal Professional Association Comtview Center - Suite 300 100 South Main Avenue Sidney, OH 45365

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Email: [email protected] 937/492- 1271

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TABLE OF CONTENTS

ARTf CLE r .. .......................................... ......................................... ........................................................ l NEIGHBORHOOD COMMITTEE AND CONSTRUCTION REQUIREMENTS ..... ... ....... 1

1.1. Concept ........ .... .. ......................................... ...... .......................................... ........ .. l 1.2. Neighborhood Committee ............................................. ..................................... .. 1 1.3. Conunittee Approval ......... .. .... ....... ........ ................... ... ...... ....................... ..... .... .. 2 1.4. Rules ....... .. .. ... ...................... ....... .......... ..... .... ... ................ ........ .. .......................... 3

ARTICLE 11 .. ........................ ............... ......... ... .. .........•......... ..... .. ....................... ...................... ............. 3 PROTECTIVE COVENANTS AND RESTRICTIONS .................. ........................ .... ............ 3

2. I Applicability of Zoning Regulations and Ordinances ..... .... ... ................. .... ........ 3 2.2 Residential Purposes ........................................... ... ....... .. .... ...... , .......... .... .... ........ 3 2.3 Lot Subdivision and Building Sites ... ..... ... ................... .................... ................... 3 2.4. Building Setbacks ....... ........ ... ..... ..... ...... ........... ... .................................. ............... 4 2.5. Lot Maintenance ... ................................................................................................ 4 2.6. Signs ............................ ........ ........... ....... ..... ...... .......................... .. ........................ 4 2.7. Landscaping ........ ......... ............................. ............................................................ 4 2.8. Completion of Construction ....................................... .......................................... 5 2.9. Fences ............... .... ............ ................ .......... ....... ........... ............... ........... ..... ......... 5 2. 10. Drainage ......... .. ....... ................ .............................................. ........... .................... 5 2 .11. Sump Pump Effluent ............ ............ .......... .... ...... ....... , ......... ............................... 6 2. l 2. Animals ..... ............ ..... .............................................. ................. ... ......................... 6 2.13. Sidev,alks ....... .................. ... ........ .... ............ .............. ........ .............................. ...... 6 2.14. Vehicles ...... ... .......... .......... ......... ......... ........... .......... ........ .......... .................... ...... 6 2.15. Committee Responsibilily ...................... ......... ....... .............................................. 7 2.16. Size of Reside.nee ....................................... ................ ........................................ .. 7 2.17. Garage ...................................... ..................................... ................... ............ .... ..... 7 2.18. Roof Pitch ..... .. ........ .......... ..................... ....................... .... ............... ..................... 7 2.19. Ante1mas and Satellite Dishes .............. ............... ....... .. .. .. .... ............... ................. 7 2.20. Swimming Pools ............................................ ..... .... .... ................ ....... .... ........ ...... 7 2.21. Driveways ... .......................... ..................... .. .......... ........ ..................... .................. 7 2.22. Construction Material ... ............. .. ...... ................ ....... ........ ...................... ... ....... ... 8 2.23. Nuisances .................. .......................... ............. ................................ .... .......... ....... 8 2.24. Repairs .. ............ .......... ....... ................................................................................... 8

ARTICLE ill .. . , ......................................... ....... ............... ... ........................... ...................... .................. 8 EASEMENTS .......... .............. ... ......... .................. ................... ............... .. ............ ....... ..... ....... .. .. 8

ARTICLE TV ... ................. ................................. ............ ....... ... ..... ........................ .. ............................... 9 ENFORCEMENT ....................... .... .. .... ..... ........... ........................... .......... ........... ........ .............. 9

ARTICLE V ......... ........... ................. .... .......... .. .. ........ ............... .. .... ... ....... .... ................. ....... ................ 9 LOT OWNER ACCEPTANCE .......... ........ ........................................... .......................... ........ .. 9

ARTICLE VI ........................ .................... - ........................................ ................................ ................... 9 TERM AND MODIFICATlON .................................... .............. ... ........ ..... ............................... 9

ARTICLE VIL .......................... ...... ............................... ............... ......... .... ........ ........... ....... .............. .. 10 SEVERABILITY ................ .............. ........................................................................................ 10

ARTICLE VIII ............. ................ ........... ....... ....... .................... .. ......................... .. ..... ............... ...... ... 10 COMMITTEE ADDRESS ... ......... ............ ........ ........................................... ............................ 10

ARTICLE IX ........ ........................ ........... .................................................... ........................................ 10 MISCELLANEOUS PROVISIONS ........................................................................................ 10

9.1. Finality of Corrunittee Decisions ....................................................................... 10 9.2. Non-Liability ....................................... ........... .......... ..... ................. ........ ............ 10 9.3. Rules and Regulations .. ............ .................................... ....................... .......... ... .. 10 9.4. Rights of Developer ................. .................................. ....... ........ .. ....................... 11

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NOTTINGHAM SUBDIVISION, SECTION FOUR DECLARATION OF COVENANTS,

CONDITIONS, M1D RESTRICTIONS

NOTTINGHAM DEVELOPMENT, INC., an Ohio corporation (''DeveJoper"), is the owner

in fee simple of certain real propet1:y located in the City of Troy, Miami County, Ohio, kilown by

official plat description as Nottingham Subdivision, Section Four, pursuant to a. record plan filed

for record on 'l } 1 L / , 2008, in Plat Book J.,'1,. , Page ~ of the Miamj County, Ohio Plat I

Records ("Subdivision"). the legal description of which real property is attached hereto as Exhibit

"A."

ror the purpose of enhancing and protecting the value, attractiveness, and desirability of the

lots constituting the Subdivision, Developer hereby declares that all of the real property described

above and eacb part thereof shall be held, sold, and conveyed subject to the following easements,

covenants, conditions, and restrictions, which shall constitute covenants nmning with the land and

shall be binding on all parties having any right, title, or interest in the above-described property or

any part there-0f, their heirs, successors, and assigns, and shall inure to the benefit of each owner

thereof This Agreement and the easements, covenants, conditions, and restrictions set forth in this

Declaration shall not be binding upon any other land owned by Developer other than the land

contained within the lots in the Subdivision, even though tbe other land may be contiguous with

the land in the Subdivision.

ARTICLE I. NEIGHBORHOOD COMMITTEE AND CONSTRUCTION REQUlREMENTS

1.1 Concept. It is intended that the Subdivision be developed into a residential

community, improved with high quality homes.

1.2 Neighborhood Committee.

(a) The Neighborhood Committee (the "Committee") shall be composed of not

less than two (2) and not more than three (3) members. Except as provided in section 1 .2(b),

regardless of the number of members of the Committee, at Jeai:;t two-thirds (2/3) of the members of

the Committee shall be owners of the lots in the Subdivision.

(b) Notwithstanding the provision in section l.2(a), Developer reserves the

right to appoint all of the initial and successor members of the Committee, none of whom need be

an owner of a Jot in the Subdivision, with this right to continue until Developer elects (by written

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instrument recorded in the Otlice of the Recorder of Miami County, Ohio) to terminate its control

of the Committee.

(c) After Developer's control of th!.! Conunittee has been terminated, the

members of the Committee shall be elected by the owners of the lots in the Subdivision. When

more than one person holds an interest in a given lot, the vote for such lot shall be exercised as they

may detem1ine among themselves; however, in no event shall more than one vote be cast with

respect to any lot. Members of the Cmmnittee shall be elected for tetms of three years. ln the

event of the death, resignation, or removal of a member of the Committee, his or her successor

shall be elected by the1emaining members of the Committee and shall serve for the w1expired tenu

of his or her predecessor. No member of the Committee shall receive compensation for any

service he or she may render for the Committee.

(d) Meetings of the lot O\vrtets of the Subdivision shall be held no Jess

frequently than once every three years for the purpose of electing members to the Neighborhood

Committee. Written notice of each such meeting of Jot owners sbaJI be given by or at the direction

of any member of the Committee by delivering a copy of such notice to each residence i..n the

Subdivision at least JO but not more than 30 days before such meeting. Those Jot owners present

at any meeting sball constitute a quorum for authorization of action taken at such meeting. At any

meeting held for the election of Committee members, those persons receiving the largest number

of votes shall be elected.

1.3 Committee Approval.

(a) No building, fence, wall, structure, parking lot, driveway, drainage

improvement, permanent advetiising sign, permanent lru1dscaping (including existing trees but

excluding the removal of dead lrees or foliage), grade of lhe real property, or other improvement

shall be changed, commenced, erected, or maintained upon any lot in the Subdivision, nor shall

any exterior addition, change, alteration or restoration of or to the same be made until the

construction plans and specifications showing the nature, kind, shape, size, height, materials, colors

and location of the same in adequate detail as required by the Committee shall have been submitted

to and approved in writing by the Committee as to the ham1ony of the external design, construction

and location in relation to existing or proposed suuounding structures and topography and as to the

general suitability of the construction or landscaping with ot11er construction in the Subdivisjon and

as to the relative value and quality of such improvements, landscaping additio11s, changes,

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alterations, or restorations. Submission lo the Committee shall not be deemed to have occmred

unless and until at least one member of the Committee has signed a dated receipt for the plans and

specifications. Approval by the Committee shall be arrived at by a simple majority vote of the

members of the Committee.

(b) Tn the event the Committee shaU fail to approve or disapprove any

construction plans and specifications or landscape plan within thirty (30) days after the same shall

have been submi tted to it, then the approval will be deemed to have been given. Any approval

obtained, whether by default or otherwise, shall be null and void unless construction is commenced

within one hundred eighty ( 180) days after the date .of approval or date of original sale whichever

OCCtrrS later.

(c) The Committee shall be permitted to make a reasonable charge for the

review of any such plans and specifications.

J .4 Rules. The Committee may establish rules consistent with the standards set forth in

this Declaration to govern the construction of any improvements, landscaping, additions or

changes on lots in the Subdivision.

ARTICLE II. PROTECTIVE COVENANTS AND RESTRICTIONS

2.1 Applicability of Zoning Regulations and Ordinances. Land use of all lots is

governed by the Zoning Regulations and other ordinances for the City of Troy, Ohio as presently

enacted or hereafter amended. The Troy regulations and ordinances may in certain respects be

more strict or stringent than these covenants and restrictions, and these covenants and restrictions

shall not be deemed to relieve the owner of its obligation to comply with any applicable Troy

regulations and ordinances.

2.2 Residential Purposes. A11 lots in the Subdivision shall be used exclusively for

single family residential purposes.

2.3 Lot Subdivision and Building Sites. None of the lots shall at any time be divided

into more than one (1) building site and no building site shall be less in area than the area of the

smal lest lot platted in the Subdivision. A single lot together with a contiguous portion or portions

of one or more adjacent lots or .. subject to limitation on building site size. contiguous portions of

adjacent lots may be used for one (1) building site, but only upon approval of the Committee. If

approval of the City of Troy Planning Commission is required by the City of Troy Subdivision

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Regulations, lhen no lot may be subdivided unless authorized by the City of Troy Planning

Commission as weJJ as the Committee.

2.4 B11ilding Setbacks. Building setbacks shall be observed as provjded on the Plat and

shall be subject to any minimtun building setback lines set forth in the applicable Troy zoning laws

and ordinances. If encroachments are permitted by applicable Troy zon.i11g laws and orclina:nces,

then such encroachments shall also be permitted under this Declaration.

2.5 Lot Maintenance.

(a) All lots, whether occupied or unoccupied, shall at all times be maintained in

a neat and attractive condition and in such manner as to prevent their becoming unsightly by reason

of unattractive growth on such lot or the accumulation of rubbish or debris thereon. In order to

implement effective control of this provision, there is reserved to the Committee for itself and its

agents, the- right, but not the obligation, after ten ( 10) days notice to any lot owner, to enter upon

any residential lot with such equipment and devices as may be necessary for the purpose of

mowing, removing, cleaning or cutting underbrush, weeds or other unsightly growth and trash

which in the opinion of the Conunittee detracts from the overall beauty or safety of the

Subdivision.

(b) Entrance upon such property for such purposes shalJ not constitute a

trespass. The Committee may charge the owner a reasonable cost for such services, which charge

shall constitute a lien upon the lot enforeeab1e by appropriate proceedings at law or equity;

provided, however, that the lien shall be subordinate to the lien of any first mortgage or deed of

trust encumbering the lot. The provisions of this section shall not be construed as an obligation on

the part of the Committee to mow, clear, cut, or pnme any lot, nor to pxovide garbage or trash

removal services.

2.6 Signs. All signs, billboards, or advertising structures of any kind are prohibited

with the following exceptions:

( 1) BuHder and contractor signs during construction periods.

(2) One professional sign of not more than six square feet to advertise a lot for sale during a sales period.

(3) Developer's sign.or signs advertising the Subdivision.

2.7 Landscaping. Plans for initial landscaping must be submitted to the Conunittee for

approval within ninety (90) days after completion of construct.ion. Altbo1.1gh the Conunittee sh,111

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have the authority to approve any landscaping plan submitted, it is suggested as a guideline that a

minimwn of two percent (2%) of the building constrnction cost be allocated for landscaping each

building site. Landscaping includes seeding and planting of trees, shrubs, and ground covers,

excluding rough grading work. Landscape work must be completed within six (6) months of

occupancy.

2.8 Completion of Construction.

(a) Construction of a residence building on any building site is to be completed

within two (2) years from the date of the original purchase from Developer, and completion of

construction is expected withitl one (1) year from the date of beginning constntction. Developer

reserves the right to repurchase any lot in the Subdivision upon which the construction of the

residential buildfog has not been completed within three (3) years from the date of the original sale

from Developer.

(b) In the event the Developer exercises the repurchase right set forth it1

section 2.8 ( a), Developer shall give written notice to the then owner of record of the Jot or lots, the

notice to be by certified mail addressed to the mailing address for tax purposes. The repurchase

price, which the Developer shall pay for such lot, iu the event of such repurchase, shall be the sales

price of such lot upon its original sale, without interest or allowance for appreciation in value.

Developer, at its sole djscretion, may waive its right to repurchase any lot or lots in the

Subdivision. In no event shall the Developer be e11titled to exercise the repurchase right after four

(4) years from U1e original sale. The owner shall transfer the lot or lots to Developer by limited

warranty deed free and clear of any liens and encumbrances arising subsequent to the date of tl1e

closing of the purchase of Lot or lots from Developer.

2.9 Fences. Fences shall not be constructed \.\'ltbin any utility easement. Otherwise all

fence designs and location shall be in keeping wjth the architectural character of the str\Jcture and

shall be approved by the Committee. No fence shall be erected any nearer to the road than the

building setback line unless such fence shall be a hedge ot· shrub growth not to exceed three feet in

height. Notwithstanding any provisions herejn to the contrary, no chain link fencing or similar

fencing and no metal fencing shall be permitted.

2.10 Drainage. Drau1age of surface water, storm water and/or foundation drains shall

not be co1mected to sanitary sewers.

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2.11 Sump Pump Effluent. Swnp pump systems shall be connected to and all sump

prnnp effluent shall be discharged into storm drains as approved by the Developer or the Troy

Engineer. No pump or piping device shall discharge sump pmnp effluent into a public right-of-

way, into a detention basin, or into sanitary sewers.

2.12 Animals. No animals, livestock or poultry of any kind or description shall be

raised, kept, or bred on any lot in the Subdivision. Notwithstanding the foregoing, dogs (up to but

not exceeding two (2) per lot), cats, or other usual household pets may be kept on any lot. provided

that no such household pet may be kept on any lot for commercial purposes and provided further

that no dog which constitutes a threat, danger or nuisance to any Owner or other individual may be

kept on any lot at any time. The determination as to whether any dog constitutes a t1u·eat, danger

or nuisance shall be made within the sole discretion of the Developer or the Association.

2. LJ Sidewalks. Although it is the ultimate responsibility of Developer, as a condition to

the re lease of its bond, to insure that sidewalks are installed, sidewalks required to be installed by

the City of Troy shall be installed by the owner at owner's expense. Developer reserves the right to

establish plans and specifications for any sudl sidewalks, and the owner shall comply with any

such plans and specifications. If the owner refuses or fails to install the sidewalks promptly upon

demand by the Developer or by the City of Troy, the Developer shaJI have the right to install the

sidewalks, and owner shall promptly reimburse Developer for al1 costs and expenses incurred in

connection with the installation of the sidewalks, whicl1 costs and expenses shall constitute a lien

1,.ipon the lot enforceable by appropriate proceedings at law or equity.

2.14 Vehicles.

(a) No boat, boat trailer, house trailer, camper, van, recreational vehicle, tent, or

equipment or vehicle of a similar nature shall be parked or stored on any road, street, driveway,

yard, or lot in the Subdivision for any period of time except in an enclosed garage. No truck of any

size greater than a pickup truck shall be parked on any part of the Subdivision at any time except

such limited period as may be necessary to service any part of tbe Subdivision. No inoperable

motor vehicle shall be parked on any part of the Subdivision at any time except withjn an enclosed

garage. No owner shall repair any motor vehicle, boat, trailer, or other vehicle on any portion of

any lot, or on aay street in the Subdivision, except in an enclosed garage, unless a11d except for

emergency repairs, and then only to the extent necessary to enable movement thereof to a proper

repair faci lity.

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(b) The provisions of this section 2.14 are not intended to replace any

applicable Troy ordinance or regulation, and every owner shall comply with all applicable Troy

ordinances and regulations.

2.15 Committee Responsibility. Neither the Committee nor Developer nor their

representative agents shall be responsible for defects in plans or specifications submitted, revised,

or approved in accordance with the foregoing provisions, nor for any structural or other defect in

any work done according to such plans and specifications.

2.16 Size of Residence. Each one-story single famjJy residential structure erected on any

building site shall have not Jess than 1,500 square feet, and each multi-story (including 1-1/2 story,

by-level, tri-]evel, or 2 story) single family residence structw·e erected on any building site shaU

have not less than 2,000 square feet. The square footage shall exclude garage space and basement,

deck.i ng, patios and porches. The first floor of all structures shall have a ceiling height of not less

than eight (8) feet in all enclosed, heated, habitable space.

2.17 Garage. All single family residences shall have a minimum two (2) car attached

garage, whether directly attached or by a connecting breezeway, and shall be of like design and

material as the main entrance.

2.18 Roof Pitch. The roof of all primary residential. structures and all garages shall have

a minimtun pitch of 6/12 (i.e., the minimum increase in height of the roof shall be six (6) inches for

every twelve (12) inches ofhorizonlal span of the roof).

2.19 Antennas and Satellite Dishes. No exposed or exterior radio or television

transmission or receiving antennas, and no satellite dishes which exceed 24 inches in diameter

shall be erected, placed, or maintained on any part of the Subdivision.

2.20 Swimming Pools. Swinmring pools shall match architectural char

2.22 Construction Material. The front elevation of any structure shall consist of a

minimum of 60% brick or stone. All other exterior walls of structures constructed in the

Subdivision shall be covered with cedar, brick, stone, or other cementious material or vinyl

approved in writing by the Committee.

2.23 Nuisances. No noxious or offensive activity, which would constitute a nuisance,

shall be carried on in any lot.

2.24 Repairs. Each owner shall, at his sole cost and expense, repair his residence,

keeping the same in a condition comparable to the condition of the residence at the time of its

initial construction. nonnal wear and tear excepted.

ARTICLE Ill. EASEMENTS

3 .1 Easements for the installation and maintenance of utilities and drainage facilities

are reserved as shown on the p lat of the Subdivision. No structure or other materials or

improvements that may damage or interfere with the installation and maintenance of utilities

shall be placed or permitted to remain withln these easements. The easement area of each lot

shall be maintained continuously by the owner of the lot, except for those improvements for

which a public authority or utiljty are responsible.

The City of Troy will not accept for majntenance the storm water detention

facilities as shown on the Plat of the Subdivision. The owner of each Jot is responsible to

maintain and repair any storm water detention facilities located on such lot owner's lot in a

manner which complies with the sp~cifications and approval of the City of Troy. In the event

that the owner of a lot upon which storm water dete.ntion facilities are located fails to maintain

and repair such facilities in a manner approved by the City of Troy, such lot owner agrees to pay

any and all assessments as determined by the City of Troy for the maintenance and repair of the

facilities. There is reserved to the City of Troy the right, but not the obliga6on, to enter upon any

such lot to perform all such maintenance and repair as the City of Troy deems necessary in its

sole judgment for the maintenance of storm water detention facilities located on any lot in the

Stlhdivision.

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ARTICLE rv. ENFORCEMENT

4.1 In the event of an actual or threatened violation or breach of any of these

restrictions, or any amendments or supplement to them, by any lot owner or by any person or

entity using or occupying any lot, then Developer, the Committee. or any lot owner or owners

shall have the right to compel compliance with the terms and conditions of this Declaration, by

any proceeding a1 law or in equity in and by any other course of action or use of any other legal

remedies which may be appropriate. No delay or failure on the part of an aggrieved party to

invoke any available temedy shall be held to be a waiver of any right or remedy available to the

party upon the recurrence or continuation of the violation. Nothing herein shall be construed to

require the Developer, the Committee, or any lot owner or owners to take any action

contemplated in this Article to enforce the restrictions.

4.2 All costs, expenses, and attorney fees incurred by tl1e Developer or the Corruuittee

in connection with their effo1is to compel compliance with the te1ms and conditions of this

Declaration shall be paid by the owner or owners against whom such compliance is sought and all

such costs, expenses, and attorney fees shall constitute a lien upon such owner's lot which lien sbaU

be enforceable by appropriate proceedings at law or equity.

ARTICLE V. LOT OWNER ACCEPTANCE

5.1 The owner or grantee of any lot whicli is subject to these restrictions, by

acceptance of the deed or other instrument conveying title to the lot, or by the execution of a

contract of the purchase of the lot, whether from Developer or from a subsequent owner of the

lot, shall accept, and shall be deemed to have accepted, the deed or other contract upon and

subject to the restrictions contained in this Declaration, all of them being covenants running with

the land.

ARTICLE VI. TERM AND MODIFlCA TION

6.1 This Declaration may be amended only by the so1e act of Developer up to the

time Developer relinquishes control of the Committee. Thereafter, a majority vote of the lot

owners (with each lot as cunently exists or created in the future having one (1) vote) may amend

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this Declaration. Unless so amended this Declaration shall run for an initial period of thirty (30)

years with successive automatic renewal periods of ten ( I 0) years each.

ARTICLE VIJ. SEVERABILITY

7 .1 Each restriction is hereby declared to be independent from the remainder of the

restrictions. Invalidation of any one of the restrictions shall in no way affect any of the other

restrictions.

7.2 Tbe provisions of these restrictions are in addition to. and supplemental of~ any

otdinances, laws and regulations of the City of Troy, Ohio.

ARTICLE vrn. COMMJTTEE ADDRESS

8.1 AJI matters or plans required to be submitted to tl1e Committee for approval or

review shall be addressed and delivered to: Neighborhood Committee, Nottingham Subdivision,

c/o Nottingham Development, Inc ., P.O. Box 9721 Troy, Ohio 45373, or to such other address as

the Committee shall subsequently designate by written instrument recorded in the office of the

Recorder of Miami County, Ohio.

ARTICLE IX. MISCELLANEOUS PROVISIONS

9.1 Finality of Committee Decisions. In all matters involving the interpretation and

construction of the terms and provisions of this Declaration, the decisions of the Committee and/or

the Developer shall be final and in no event be deemed arbitrary or capricious.

9.2 Non-Liability. Neither the Developer nor the Conun.ittee, nor any of their

members1 agents, employees, contractors, successors or assigns, shall be liable to any owner or any

other party for loss, claims, or demands asserted on account of their administration of the

Committee or these restrictions or the performance of their duties hereunder or any failure. or

defect in such administration and performance.

9.3 Rules and Regulations. The Connnittee may adopt and enforce reasonable rnles

and regulations pertaining to the construction on, and use of the lots in the Subdivision, which shall

be binrung on the owners of lots in the Subdivision in the same mrumer as this Declaration.

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9.4 Rights of Developer.

(a) The "Developer" as used in this Declaration shall mean Nottingham

Development, Inc., and its successors and assigns, provided that the rights specifically reserved to

Developer under this Declaration shall accrtle only to such successors and assigns as are designated

in writing by Developer as successors and assigns of such rights, and, without such designation, to

a mortgagee, receiver, or their assignees in the event any such party acquires or controls any part of

the Property pursuant to a default under any mortgage encumbering the Property or any pa11

thereof.

(b) Nothing in this Declaration shall be understood or construed to prevent

Developer or the employees, contractors, or subcontractors of Developer from:

1) Doing on any part or parts of the Subdivision property owned or

controlled by Developer, or its representative, whatever it determines may be reasonably necessary

or advisable in connection with the completion of the work of developing the lots within the

Subdivision, of establishing the Subdiyjsion as a residential community, or of disposing of the lots;

2) Constructing and maintaining on any part or parts of the Subdivision

property owned or conb·olled by Developer, or i ts representative, such structures as may be

reasonably necessary for the completion of such work, the establishment of the Subdivisi.on as a

residential community, and the disposition of lots by sale, lease, or otherwise;

3) Maintaining such sign or signs on ~my of the lots owned or

controlled by any of them as may be necessary in connection with the sale of Subdivision lots.

Executed at Troy, Ohio on the r,-fh-day of ~~008. NOTTINGHAM DEVELOPMENT, fNC. An Ohio Corporation

STATE OF OHIO ) COUNTY OF MIAMI ) ss:

~ c:::> ==- Before me, a Notary Public in and for said collnty and state, personally appeared

Nottingham Development, Inc., an Ohio corporation, by Jessica A. Minesinger, its President, who acknowledged that she did sign the foregoing Declaration of Covenants, Conditions~ and Restrictions and that tbe same is her free act and the free act and deed of the Corporation.

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IN TESTIMO~ HEREOF, l have hereunto set my hand and official seal at Troy, Ohio,

this '..J,~ ~y of ~":-'t,, 2008 ~ :U& •, llic:tu:+:nil ~

~ :··· ._ 1 / / / _;.(,.c' ' Notary Pubhc , ... ... "- , r~ , 4

(~~;,f!'JJ OIANA M, ASHE!!. N&tary Public In alld for the Slalt r;f Ohio l,Jy Commission E:lpires May 16, 201-0 ··-.J;·> .. ,,,,~ · •ti,,O ...• ', .. ·vr1.t o·F 'O\ ~~ . ....-

..... Mi'ri'st~·r Bank, as mortgagee of real property situated in the Subdivision, hereby consents to and joins in the submission oftbe real property in the Subdivision to this Declaration.

MINSTER BANK

STATEOFOHTO ) COUNTY OF MIAMI ) ss:

Before me, a Notaryl\.Public in al)S:I for said county and state,,.personally appeared Minster Banlc, as mortgagee, by U~, t l (. Wl,1-\~ !j if , its Vt lt '-1('($:ttt~ who acknowledged that he/she did sign the foregoing and that the same is hls/her free act and the free act and deed of the Banlc.

IN TESTIMONY WHEREOF, I l~ve hereunto set my hand and official seal at ....-f" Y-0

November 30, 2007

Description of an 8.992 Acre Tract (NotJirigl,am Subdivision, Sectwh 4)

-for-TROY LAND DEVELOPMENT; INC.

Exhibit. "A"

Situate in Section 18, Town 1, Range JO MRs, City of Troy, Miami County, Ohio being part oft.he land conveyed ro McGovern-Willoughby Homes, Ltd by deed recorded in Deed Book 721, Page 841 of tl1e Miami County Deed Records, the same being part of In lot 8670, being shown by a survey fiJed in Volume 51 Page Pr:ofthe Miami County Engineer's Record of Land Surveys and being more particularly described as follows:

Beginning at an iron pin found (5/8" diameu.:.r) at the northeast corner of Nottingham Subdivision, Section 4 as recorded in Plat Book 21, Page 92 of the Miami County Plat Records, said iron pin also being at the northeast comer of In lot 10086, Nottingham Subdivision, Section 3 and said iron pin also being in the south line of a 117 .1126 acre tract of land conveyed to Dale Bartel, and Mark and Pam Bartel by deeds recorded in Deed Book 669, Page 890, Deed Book 702, Page 912 and in Deed Book 770, Page 912 a ll deeds of the Miami County Deed Records;

thence with the south line of said 117. I 126 acre Bartel land, South 86 degrees 07 minutes l2 seconds East for 510.00 feet to an iron pin set (5/8"x30");

thence with a new division line, South 3 degrees 52 minutes 48 seconds West for I 95.00 feet to an iron pin set (5/8"x30");

thence with a new division line, North 86 degrees 07 minutes 12 seconds Wesc for 19.73 feet to an iron pin set (5/8"x30");

thence with a new division line, South 3 degrees 54 mi11utes 57 seconds West for 657.94 feet to an iron pin set (5/8"x30");

thence. with a new division line, North 86 degrees 05 minutes 03 seconds West for 185.00 fee t to an iron pin set (5/8"x30");

thence with a new division line, North 3 degrees 54 minutes 57 seconds East for 6.49 feet to an iron pin set (5/8"x30");

Lhence with a new division linej South 77 degrees 38 minutes 00 seconds West for 305.10 feet to -an rroo pin found (5/8"diarneter) at the southeast comer oflnlot 9745, Noningham Subdivision, Section 2 as recorded in Plat Book 20, Page 91 oftbe Miami County Plat Records;

thence with the east line of said Jn lot 9745 and its northwardly extension. North 12 degrees 22 minutes 00 seconds West for 310.00 feet to an iron pin found (5/81' diameter) at the southwest corner of Jnlot I 0096, said Nottingham Subdivision, Section 3;

thence with the south line of said In lot I 0096 and its eastwardly extension, North 77 degrees 38 minutes 00 seconds East for 270.63 feet to an iron pin found (5/8" diameter) at the southeast corner of [nlot 10095, said Nottingham Subdivision, Section 3;

thence with the east line of said lnJot 10095 and its northwardly extension North3 degrees 56 minutes 01 seconds East for 243.35 feet to an iron pin found (5/8" diameter) at the northeast comer of lnlot 10094,said Nottingham Subdivision, Section 3:

r-

Nottingh~m Subdivision - Section 4 8.992 Acres page2 of2 November 30, 2007

thence with the north line of said InJot I 0094 and its westwa.rdly extension, North 86 degrees 07 minutes 12 seconds West for 175.27 foet to an iron pin found (5/8'' diameter) at the southeast comer of lnlot 10087, said Nottingham Subdjvision, Section 3;

thence with the east line of said In lot 10087 and its northwardly extension, North 3 Jegrees 52 minutes 48 seconds East for 180.00 feet to an iron pin found (5/8'' diameter) in the north line of Loxley Lane;

thence with the north line of Loxley Lane, North 86 degrees 07 minutes 12 seconds West for I 0.00 feet to an iron pin found (5/8" diameter) at the southeast comer of said In lot l 0086;

thence with the east line of said In lot I 0086, North 3 degrees 52 minutes 48 seconds East for 135.00 teet to the place of beginning; containing 8.992 acres and subject to all easements, restriclions and lega1 highways of record;

The above description is in confonnance witf-1 a field survey made June 15, 2007ofthe proposed Nottingham Subdivision, Section 4 developtnent. Bearings were made to agree with the bearings for Nottingham Subdivision, Section 3 as recorded in Plat Book 21 , Page 92 of the Miami County Plat Records;

THOMAS WINEMILLER & ASSOCIATES, INC.

David R. Winemiller Ohio Registered Land Surveyor No. 7197

This instrument prepared by:

THOMAS WINEMILLER & ASSOCIATES, INC. Civil Engineers - Land Planners • land Surveyors 34 East NationaJ Road Vandalia, Ohio 45377 (937)-898-5862 fax: 898-5716 www.winemillerengineering.com

• I , "rPRi)VtU li1Y l-'NG/Nfc~

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.,

FIRST AMENDMENT TO

DECLARATION OF SUBDIVISION

ESTABLISHING COVENANTS, CONDITIONS, AND RESTRICTIONS


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MIAMI COUNTY RECORDER JOHNS ALEXANDER

20100R-10701 PRESENTED FOR RECORD

MIAMI COUNTY. TROY. OHIO 09/07/2010 02:!8:53PM

REFERENCES 0 RECORDING FEE 44.00

PAGES: 4

NOTTINGHAM SUBDIVISION. SECTION FIVE

-oc 0

• NOT NECESSARY -~-iijliiill---' -· -1-, 20.LQ.. MATTHEWW. GEARHARDT, AUDITOR

MIAMI COUNlY, OHIO

/) A'1 "°

Prepared by:

Michael A. Staudt FAULKNER, GARMHAUSEN, KEISTER & SHENK A Legal Professional Association Courtview Center - Suite 300 I 00 South Main Avenue Sidney, OH 45365 937 /492-127 J

-

-

FIRST AMENDMENT TO DECLARATION

OF

NOTTINGHAM SUBDJVISJON

This First Amendment lo the Declaration of Nottingham Subdivision ("First Amendment'') is

made and entered into this 3 µ:, day of September, 20 I 0, by NOTTINGHAM DEVELOPMENT, INC., an Ohio corporation ("Developer"), for the purpose of amending the Nottingham Subdivision

Declaration of Covenants, Conditions, and Restrictions.

RECITALS

A. On February 6, 2008, certain real property located in the City of Troy, Miami Cow1ty, Ohfo being known as Nottingham Subdivision, Section Four was submitted to the provisions of the Nottingham Subdivision, Section Four, Declaration of Covenants, Conditions, and Restrictions (the ''Declaration"), which Declaration was filed for record on February 22, 2008 at Volume 32, Page J of the OHiciaJ Records of Miami County, Ohio.

B. Article VI of the Declaration provides that: ·'This Declaration may be amended only by the sole act of Developer up Lo the time Developer relinquishes control of the Committee". The Deve loper, being Nottingham Development, Inc., continues to own lots within the Subdivision and therefore has nol relinquished control of the Committee.

C. The Developer now desires to amend the Declaration pursuant to the terms and conditions of this Ffrst Amendment in order to submit additional pmperty to be known as Nottingham Subdivision, Section Five to the terms and conditions of the Declaration.

NOW. THEREFORE. the Declaration is hereby an1ended as follows:

J. The Developer hereby submits all of the propetty which is known as Nottingham

Subdivision. Section Five, consisting of lots 10297 through and including 10310 in the City of Troy,

Miami County, Ohio, the legal description for which is attached as Exhibit A (hereafter the "Additional

Property"). Such Additional Properry shall be deemed to be a pai1 of and included within the term

"Subdivision" as that tenn is defined and used in the Declaration. All of 1be Additional Property

described in Exhibit A attached hereto, and each part thereof, shall be held, sold and conveyed subject

to the easements, covenants. conditions and restrictions contained in the Declaration. All of the terms

2

-

-

and condhions of the Declaration shall constitute covenants running with the land and shall be binding

on all part.ies having any right, title. or interest in the Additional Property described in Exh ibit A

anached hereto or any pa1t thereof, and shall be binding upon such parties' heirs, successors and

assigns, and shall inure to the benefit of each owner thereof as though originally su~ject to the

Declaration.

2. Except as provided in this First Amendment, all other tem1s and conditions of the

Declaration shall remain in full force and effect.

fN WITNESS WHEREOF, this First Amendment to the Nottingham Subdivision Declaration

of Covenants, Conditions and Restrictions has been executed by Nottingham Development, Inc. as the

Developer of the Subdivision.

STATE OF OHIO COUNTY OFMIAMf / ss:

NOTTINGHAM DEVELOPMENT, JNC. An Ohio corporation

Before me, a Notary Public in and for said County and State. personally appeared the above named NOTTINGHAM DEVELOPMENT, INC., an Ohio corporation, by JESSICA MINES INGER, its President, and acknowledged the signing thereof to be her voluntary act and deed, and the voluntary act and deed of said corporation.

cl IN TESTIMONY WHEREOF. 1 have hereunto set my hand and affixed my Notarial seal this ,_I-)' day of September, 2010. (

-4:J ~,,,__l '-'-'-(Lc=cJ.,.'-"-1.('._, _L -(Yi'---( ~Cb---"-"-L'--=---L:::--.____::,.__ Notary PubJjc

.11111u,1, .~, 'Av 1"1,/,'; ,'.A. ~ .. , .,\, ... ,;;. ,.,.. ,,; ,-, ... \I ·~< ~ fg&cf(1;,,::;J-:-.. DIANA M. ASHER, Notary Public ~*[~~ j *: In and for the State of Ohi~ :. \ · · / : My Commtsslon Expires '.? -I b - I

'!,

I-CC I >< IJ.J

/.

NOTTINGHAM SUBDIVISION, SECTION FIVE P!_867D !NLOJ

TROY CliY ~

102~11

Pl~ T 900!< ..d.2, P•C

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~NSFER ~IPCESSA~~ V lu ,20.Lp

MATTHEWW. GEARHARDT, AUDITOR MIAMI COUNTY, OHIO

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SECOND AMENDMENT TO DECLARATION OF SUBDIVISION

ESTABLISHING COVENANTS, CONDITIONS AND RESTRICTIONS


NOTTINGHAM SUBDIVISION, SECTION SIX

Prepared by:

Jeremy M. Tomb KLEIN, TOMB & EBERLY, LLP 124 W. Main Street Troy, OH 45373 937.339 .3939

t-HAMI COUNTY RECOROER JOHNS ALEXANDER


MIAMI COUNTY, TROY, OHIO 02/24/2012 12:39:36PM


PAGES: 4

N

l.{)

N 0

FLRST AMENDMENT TO DECLARATION

OF

NOTTINGHAM SUBDMSION

This Second Amendment to the Declaration of Nottingham Subdivision (·'Second Amendment"') is made and entered into this _n_ day of February, 2012, by NOTTINGB.AMDEVELOPMENT, INC., an Ohio corporation ('·Developer'), for the purpose of amending the Nottingham Subdivision Declarations of Covenants, Conditions, and Restrictions.

RECITALS

A. On February 6, 2008 a certain real property located in the City of Troy, Miami County, Ohio being known as Nottingham Subdivision, Section Four was submitted to the provisions of the Nottingham Subdivision, Section Four, Declaration of Covenants, Conditions, and Restrictions (" the Declaration"), whiph Declaration was filed for record on February 22, 2008 at Volume 32, Page L of the Official Records of Miami County, Ohio.

8. Article V l of the Declaration provides that: ·'This Declaration may be amended only by the sole act of Developer up to the time Developer relinquishes control of the C-0mmittee"'. The Developer, being Nottingham Development, Inc., continues to own lots within the Subdivision and therefore has not relinquished control of the Commi ttee.

C. The Developer now desires to amend the Declaration pursuant to !he terms and conditions of this Second Amendment in order to submit additional property to be known as Nottingham Subdivision, Section Six to the tenns and conditions of the Deciaration.

NOW, THEREFORE, the Declaration is hereby amended as follows: I. The Developer hereby submits all of the property which is known as Nottingham

Subdivision, Section Six, consisting of lots 10334 through and including 10346 in the City of 'Troy, Miami County, Ohio, the Legal description for which is attached as Exhibit A (hereafter the "Additional Property"). Such Additional Property shall be deemed to be a part of and included within the tenn ··Subdivision'' as that term is defined and used in the Declaration. All of the Additional Property described in Exhibit A attached hereto, and each part thereof, shall be held, sold and conveyed subject to easements, covenants, conditions and restrictions contained in the Declaration. All of the tenns and conditions of the Declaration shall constitute covenants running with the land and .shall be binding on al1 parties having any right,

2

title, or interest in the Additional Property described in Exhibit A attached hereto or any part thereof, and shall be binding upon such parties· heirs, successors and assigns, and shall inure to the benefit of each owner thereof as though subject to the Declaration.

2. Except as provided in this Second Amendment, all olherterms and conditions of the Dec1aration shall remain in full force and effect.

IN WITNESS WHEREOF, this Second Amendment to the Nottingham Subdivision Declaration of Covenants, Conditions and Restrictions has been executed by Nottingham Development, Inc. as the Developer of the Subdivision.

STATEOFOIDO COUNTY OF MIAMI I ss:

NOTTINGHAM DEVELOP AnO

I \

Before me, a Notary Public in and for said County and State, personally appeared the above name NOTTINGBAlvl DEVELOPMENT, JNC., an Ohio corporation, by JESSICA MINES INGER, its President, and acknowledged the signing thereof to be her voluntary act and deed, and the voluntary act and deed of said corporation.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Notarial seal

this t.? dayof Pebnmy, 2012. I, ~ VVI / ~~

Notary Public ,\\\11 ,, , ,,, oy P ,,,;

,'.L""p. ......... u,t,,,, ,' )Y \ l / ·-.. ~ ", -~q.~\ . ./?;·{~~ ~~:'.::::::::;: _, ::'./'. ·p:: KAREN M. BOONE, NotaryPubllc

: * 1 l * : ln and for the State of Ohio 7:. J·... . .. b f My Commission f.xpirss Sept 8, 2014 ',,~·.;::... • .... -:'~ ... -- Recorded in Miami County

'~~~,~ .. o·v- q~~, I 1111 t ~ \ \

3

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NOTTI.N:G·HA·M SUBDIVISI.ON, S·EC.TION S.IX Pf. 86.70 1'80Y

Pl.Al BOOK .3.3, PAC!: u5_ "IAMI COUNTY REC0ROER'S RtoORO . Of l'tATS .''f' . R£C£1\al f'OR Rt& iw 1HlS _ DAY Of" ~ 20.JL .u-2,~,

IL. 9428

' ' ' " ..1£liL ', 0.667 AC.

'" EXISTING

STORM WA T(R OETENTION EASEMEN T

CURVE T4BLE ~OluS

t:. ARC LENGTH 00.00· 71·- 3 4 - 29 2+9.e·,r 00.00· lY-26'-45 +7.05' 7ll.OO' 01·-s2·-13 5.5s' so.oo· lT-20'-03 69.sa· Jo.oo· 2+·-or-00 96,81' Jo.ocr 25·-21·-29 101.79' Jo.oo: o•·-45·- s1 19.lJ' 20.00: go·-oo·-oo Jl .42" 7 0.00' 15·-20·-sa 45.54' ;io.oo· 13'-28"-45 5 4.11' 20.00' 90·-oo·-00 31.42'

', ' . " ' · '~~

CHORD CHORD LENGTH BE~RING 23J.g)' N 40·- 4s·-1s· E.

46.94. N 1e·-1s· -:is· w 5.55' N 70 '-36'.- 05" W

69.J2' N 6T-5J'- Jo· E 96.10· N 47·-09' - 59" E

100.97' N 22·-25• -45" E 19 .IJ' N or-22'- 01· E 28.28' S ~g·-i,9·-03· W 45.41' N 77'-20'-28" W 5.3.96' S 78'-16'-35" E 28.26' $ 40·-00 -57" £

INLOT -i:trr

IL. 9426

Ml~b OHIO • NT'\'

IL. 10304

IL. 10302

"""""'"· "l s 2:1, PG 9-9A I IL 103Cl IL 10.;;00 I IL 10299

N~75454-0.3145 E~H9366J.0477

I \

P T. ll. 8670

N 04·_:5.9• - 03" E 19.94'

t,,

--- -~ u u, 0 ll>

--i'>t,:....-,,..-,:.,....-,--,,,.-,;,;~-..----;;o::-;;:,:r---,---,.o7T UN[S ARE AS SHOWN

'2.} NC IYULS SHAll BE DR1UEO IN THIS SUBOIVl~ON.

II, 707 JJ-7// I q ' __ ____J_ I

INL-OT

~ 0.302 AC.

:.:~I" bo 0 , ·

I~

INtOT :;~1• ...1JJ.:l!:i.a. p 0.264 ~c. ~r

1--,, ' .

IL. 9891

'J . ' tNLOT ;;'. !"

o,O -~ · ·o~ 0.264 AC.!=";'!=>

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• NO u nuTY EASEME'NT ALONG THIS LINE

~Qt!;_ EtEi•!O A RESll)e'Nll~L. S1J801Vls10N CONt,ININ(; 5 .9&2 ACRES OUT OF PART o r INLOT NUMSE'R 8'670 OWNS) l;lY NOTil~GHAM OE\IELOPIADIT. INC. AS RECOROEO IW OEEO 80()1( n1, P "-CE 396 '

~t7a~J;o~~1o:;[A·\!ito 'i~E:~ ~~f~Jt ~~~~-ThlE ~~~M:r ~E~[o~'Rc~Ri~s ~ :~~~~c~:! ;rn CAPS $~~ AN~ U11!:!J!ES.

~

nu Na. ~ou?dIUl,ll!Ell: MiaTro1103fir

t1 ! £ 38'/d I S 2 0 lOA

0 ..:r ..::r 0

. . .. .,, a: 0

I 111111 \Ill\ 11\1\ l\lll 111111\ \1111 \11111\\ 11\111111\ \Ill\ 11111 Ill\ \II\ *- 2 0 1 3 0 R - 0 9 8 1 1 ~

THIRD AMENDMENT TO DECLARATION OF SUBDIVISION

ESTABLISHING COVENANTS, CONDITIONS AND RESTRICTIONS


NOTTINGHAM SUBDIVISION, SECTION SEVEN

Prepared by:

Jeremy M. Tomb KLEIN, TOMB & EBERLY, LLP 124 W. Main Street Troy, OH 45373 937.339.3939

MIAMI COUNTY RECORDER JESSICA A LOPEZ


MIAMI COUNTY, TROY. OHIO ' 06/26/2013 01 :15:56PM


PAGES: 5

~

-~

---C ,--..li 0

b g ::r-

THJRD AMENDMENT TO DECLARATION

OF

NOTTINGllAM SUBDIVISION

This Third Amendment to the Declaration of Nottingham Subdivision ("Third Amendment' ") is made and entered intothis2.

r-

IN WlTNESS WHEREOF, this Third Amendment to the Nottingham Subdivision Declaration of Covenants, Conditions and Restrictions has been executed by Nottingham Development, Inc. as the Developer of the Subdivision.

ST ATE OF OHIO COUNTY OF MLAMl / ss:

NOTTINGHAM DEVELOPMENT, INC. A

Before me, a Notary Public in and for said County and State, personally appeared the above name NOTTINGHAM DEVELOPMENT, JNC., an Ohio corporation, by JESSICA MfNESINGER, its President, and acknowledged the signing thereof to be her voluntary act and deed, and the voluntary act and deed of said corporation.

fN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Notarial seal this day of June., 2013.

N~

3

EXHIBIT 1

NOTTINGHAM SUBDIVISION, SECTION SEVEN-A ~ ~ ~ ,.~

F 0 '-' t.

IL 10JD0 IL. 10299

65.00' r---------·- ---1 z :

l\l !1 INLOT ~ '-" .. a c-1.f13!11e. ,!,, • "'0.234 AC. .... ' I ii: - ---

1

' '------ -----

NOllTINGHA~ Su80l\/1Sl0Nj S£C 5 REC. P 8. 23 , PC. 9t9A

IL 10298 IL '10297

N 04'-5f-03' E.l 602.94' 162.48

IL. 10213

----------------

- --- -6-r--Q 9 :?•UU 9-:.J.YY 0v.yy ---• Y!.

$. SHERWOOD DINE 60' R/W --- z- - (,j --,..- 04'-591-0J''E,2357~-o 0

~~ z·8 ~~--d>--- -=r=,,...---.-----,,.,,.-,,,,,.---.---~-__;~---.. -o '£ ~ ,.. ____ ll______ 82.00 71.06 8 ._ "ti> I I 01.:; 8 I t:~ • a,

0 i"-8s. . ll) 0 O>O O>Z .... 1 - !!: "'"' "'"' .......

0,

CURVE RADIUS MUIABER

1 200.00· 2 200.00· 3 200.00·

• 2JO.OO' 5 23000' 6 2Jo.oo· 7 20.00· 8 230.00' 9 23000'

/,. I ---- --

: ~ fNLO.T ... u,

~ P ~ /O'f Q'l ~ ~-!"Q.264 AC.

I I I I I I

'------------

CURVE TABLE

t::. ARC CHORD LOIGTH UNGlH so·- oJ'- 41 174 75' 169.24' 25'-27' - 4D 88.88' 88.15 39' - 56'- 19 139.41' 1J6.61 02'- 4J-J2:" 10.94' 10.94 21'-06'- 27 8 4.7J' ~.25' 14'-42'-3'l 59.~' 58.88' 71'-0,-01 28.91' 24.92' 03'-01 - 42 12. 16' 12.15' 23'-18-411 93.$' 92.9 • '

CHORD BEARING

N 20'- 02 - •s• W N s1·- •a· -w· w N 2• ·- !>1'- 1.r E N 00'- Y/ -17' £ N 06'-IT-4J" W N 26'-12-12" W N 04'-59 -OJ' E N 5113.1693 E•1494-034.22is9

50' UTILITY & DRAINAGE EASEMENT

Q~ BEJNC ~ RESIOCNllAL SUBOIVlSION CONTAfNING

EXHIBIT 2

NOTTINGHAM SUBDIVISION, SECTION SEVEN-B

N- 754977.84n EzH 92481.8961

85.00'

PT, 86,i&- ~QY IN LO ------crT'i'" Ml~~Ji,~tJIQ

CSX RAil.ROAD

N 11'-17'-5'1• W, 340.00' 65.00' I 85.00' 6500'

70' t_411UlY. DR/IINAGE & E!urFER EASE:MENl

·--- -~---------- ~----------,

IL 9740 IL 9741

NOPINGHAM SlJEl04VISION SEC 2 P.B. 20,I PG 91

INLOT

LiJ.:W. 1r0.3903 AC

INLOT

~ 0.3903 AC.

f~ • c: ; ,c • "li IM ,.., I !" C: I y ~y ri: 1 I I ~ :z

..., I ------ ---~o: BUI T ACK _____ ----- - cil ( I I I • I •. .., I I I ,IO U.E I .,_

------- ----N '---- 85.00' ---- ---- 85.00' ---' '-~-- 85.00' ---- --- 85.00' ----' -:-~ ~~

GOVERNORS ROAD 60' R/W ~ 140.00' ~ N 11"- 17'-54• W, :340.00' ~

I VI • • I g . ~

I I~ (F. - - ---1 r·----'-----_____ B ,00 - 1 : \o~ ~.~ --- --- !15. 0 --- : Fi I I ------ •- ------ - ----- . 1 I "' ' I I St:TBACK I I 1

8 l ! : i INLOT INLOl INL01 INLOT l O I I --§l 1 1Di.f.;tO {O!l:"i . JM·li (0i./:t1

"' f' :,:,

"' sJ C

·1 1 ~ I ! IL 9742 . l "".0.2439 AC. 0.2439 AC. !0 1 ~ 0.2439 AC. 0.2439 AC."! I I :f F ~ c: .~ c:: I ' I r1 !"' J fTl !" I

. I , u~~~~~;=~ ~:.":.'_'.:::; :==~~1 tb._'.==~ :===~-~=) ,-----------, ~ ' ' ' ti II ' ' II I I 1

1 ;i._ 9743 I I II.. 10075 I I II.. 10071; I I IL 10077 I I IL. •0078 I f IL. 10079 I I I I I I I I I I I I I I I I NOTTINGHA~ ~801VlSION SEC J ' ' I I

I f f I : j f'l .B, :lt, PC. 92 i i : : • i

r--1 I I I

' I

Pl.Ar BOOII( '21::L PAGE ~ -e iAIA\ll COONlY RECOROER'S PCCORD Of Pl.Ats

/ TllE 8£/\RINCS SHOWN HEREON ARE BASc'.D

ON 111\0 63, CEOO 2003 Otto 'lOU T>t ZONC, OOOT ~ CORS NF IWORl(

SCALC 1• = 40' -, I

0 20 40 80

• 0

LEGEND 5/8" )( 30" REBAR 'II/CAP 'TO BE SET IRON PIN f'OUNO UTILITY EAS£MENT LINE (SEE NOTE)

----BUILDING SETBACK LINE

AREA SUMMARY 8 BUILDING LOTS 2 .• 5368 AC, OEOICA TEO smEET R/W 0. • 683 AC. TOT AL J 0051 J.C.

NO'Tr.l 1.) AU F"RONT l OT UNCS AR( SU8,£CT TO A 10· E"5EM011 UNLESS OnollotSE NOTtl). £>.SEl,jENTS Al.ONG RE"R AND INTERIOR LOT Ll!

FOURTH AMENDMENT TO DECLARATION OF SUBDTV1SION

ESTABLISHING COVENANTS, CONDJTfONS AND RESTlUCTlONS


NOTTINGHAM SUBDIVISION, SECTION EIGHT

Prepared by:

Jeremy M . Tomb KLEIN, TOMB & EBERLY, LLP 124 W. Main Street Troy. OH 45373 93 7.339 .3939

1

1111111111111111111111111111111 8 0 1 9 9 7 1

JX:4011872 MIAMI COUNTY RECORDER

JESSICA A LOPEZ


MIAMI COUNTY, TROY, OHrO 05/04/201S 2:27:27 PM


PAGES: 5

'

FOURTH.AMENDMENT TO DECLARATION

OF

NOTTINGHAM SUBDIV1S10N

This Fourth Amendment to the Declaration of Nottingham Subdivision (" Fourth Amendment") is made and entered into this ~ day of April, 2015, by NOTTINGHAM DEVELOPMENT;INC., an Ohio corporation ("Developer''), for the purpose of amending the Nottingham Subdivision Declarations of Covenants, Conditions. and Restrictions.

RECITALS

/\ . On February 6, 2008 a certain real prope1ty located in the City of Troy, Miami County, Ohio being known as Nottingham Subdivision, Section Four was submitted to the provisions of the Nottingham Subdivision, Section Four, Declaration of Covenants. Cond itions, and Restrictions ("the Declaration''), which Declaration was fi led fotrccord on February 22. 2008 at Volume 32, Page 1 ofthe Misaellaneous Index of Miami County, Ohio.

B. Article YI of the Declaration provides that "This Declaration may be amended only by the sole act o f Developer up to the time Developer relinquishes control of the Committee" The Developer, being Nottingham Development, Inc., continues to own Jots within the Subdivision and therefore has not re linquished control of the Committee.

C. The Developer now desit'es to amend the Declaration pursuant to tl1e terms and conditions of this Third Amendment in order to submit additional property to be known as Nottingham Subdivision, Section Eight to the tenns and conditions of the Declaration.

NOW. THEREFORE, the Declaratfon is hereby amended as follows: I . The Developer hereby submjts aTI of t11e. property which is known as Nottingham

Subdivision, Section Eight, consisting of lots I 0531 through and including I 0553 in the City of Troy, Miami County, Ohio, the legal description for which is attached as Exhibit I & 2 (hereafter the " Additional Property"). Snch Additional Property shall be deemed to be a part of and included withi11 the tenn " Subdivision" as that term is defined and used in the Declaration. All of the Additional Property described in Exhibit I & 2 attached hereto, and each part thereof, shall be held, sold and conveyed subject to easements, covenants, conditions and restrictions contained in the Declaration. All of the terms and conditions of the Declaration shall cons1itute covenants running with the land and shall be binding on -all parties having any right, title, or interest in the Additional Property described in Exhibit I & 2 anached hereto or any part thereof, and shall be binding upon such parties' heirs, successors and assigns, and shall inure to the benefit of each owner thereof as though su bject to the Declaration.

2. Except as provided in this Fourth Amendment, all other terms and conditions of the Declaration shal l remain in f uU force and effect.

2

IN WITNESS WHEREOF, d1is Fourth Amendment to the Nottingham Subdivision Declaration of Covenants, Conditions and Restrictions has been executed by Not1ingham Development, Inc. as the Developer of the Subdivision.

STATE OF OHIO COUNTY OF MIAMI I ss:

NOTTINGHAM DEVELOPMENT, lNC. An Oh-io.corporation

Before me, a Notary Publ ic in and for said County and State, personally appeared the above name NOTTlNGHAM DEVELOPMENT, fNC. , an Ohio corpl)ration, by JESSJCA MJNESINGER, its President, and acknowledged t:he signing thereof to be her voluntary act and deed, and the voluntary act and deed of said corporation.

1J ,th TN TESTIMONY WHEREOF. l have hereunto set my hand and affixed my Notarial seal th is dayofApril ,20J5. ~

Prepared by:

Jeremy M . Tomb Klein Tomb & Eberly. l,l.P 124 W. Main Street J'roy, OH 45373 937.339.3939

Notary Public

3

NOTTINGHAM SUBDIVISION, SECTION EIGHJ:.A

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FIFTH AMENDMENT TO DECLARATION OF SUBDIVISION

ESTABLISRJNG COVENANTS, CONDITIONS AND RESTRICTIONS

FOR THEPROJECTK.NOWN AS

NOTTINGHAM SUBDIV1SION, SECTION NINE

Prepared by:

Jeremy M. Tomb .KLEIN, TOMB & EBERLY, LLP 124 W, Main Street Truy, OH 45373 937.339.3939

1

II IIIIIIIIIIIIIIIIIIIIIIIIII Ill 8 0 4 0 0 1 8

Tx:4023137 MlAMI COUIIITY RECORDER

lESSICA A LOPEZ

20160R·04216 PRESENTED FOR RECORD

MIAMI COUNTY, TROY, OHIO 04/11/ 2.016 3120:07 PM


PAGES. S

FIFTH AMENDMENT TO DECLARATION

OF

NOTTINGHAM SUBDIVJSION

This Fourth Amendment to the Declaration of Nottingham Subdivision ('·Fourth Amendment') is made and entered into this ~ day of April, 2016, by NOTTINGHAM DEVELOPMENT, INC .. an Ohio corporation (" Developer''), for the purpose of amending the Nottingham Subdivision Declarations of Covenants. Conditions, and Restrictions.

RECITALS

A. On February 6, 2008 a certain reaJ property located in the City of Troy, Miami County, Ol1io being known as Nottingham Subdivision, Section Four was submitted to the provisions of the Nottingham Subdivision, Section Four, Declaration of Covenants, Conditions. and Res1rictions ("the Declaration"), which Declaration was filed for record on February 22, 2008 at Volume 32, Page 1 of the Miscellaneous Index of Miami County, Ohio.

B . Article VJ of the Declaration provides that: ·'This Declaration may be amended only by the sole act of Developer up to the t ime Developer relinqt1ishes control of the Commi1tee' ·. The Developer, being Nottingham Development, Inc., continues to own lots within the Subdivision and therefore has nor relinquished control of the Committee.

C . The Developer now desires to amend the Declaratjoo pursuant to the tem1s and conditions of this Third Amendment in order to submit additional property to be known as Nott.inghatr1 Subdivision, Section Eight to the terms and conditions of the Declaration.

NOW, THEREFORE, the Declaration is hereby amended as follows: 1. The Developer hereby submits all of the property which is known as Nottingham

Subdivision, Section Nine, consisting of lots /b58S through and including /0{,lo in the City of Troy, Miami County, Ohio, the legal description for which is attached as Exhibit I (herealler the "Additional Property"). Such Addit ional Property shall be deemed to be a part of and included within the term "Subdivision•· as tl1at term is defined and used in the Declaration. All of the Additional Property described in Exhlbit I& 2 attached hereto, and each part thereof, shall be held, sold and conveyed subject to easements, covenants, conditions and restrictions contained in the Declaration, All of the tenns and conditions of the Declaration shall constitute covenants running with the land and shall be binding on all parties having any rigbt, title, or interest in the Additional Property described in Exhibit I attached hereto or any part thereof, and shall be binding upon such parties· heirs, successors and assigns, and shall inure to the benefit of each owner thereof as though subject to tk Declaration.

2. Except as provided in this Fifth Amendment. all other terms and conditions of the Declaration shall remain in full force and effect.

2

IN WITNESS WHEREOF, this Fifth Amendment to the Nottingham Subdivision Declaration of Covenants, Conditions and Restrictions has been executed by Nottingham Development, Inc. as the Developer of the Subdivision.

ST ATE OF OJIIO COUNTY OF MIAMI / ss:

NOTTfNGHAM DEVELOPMENT, INC. An · co oration

Before me, a Notary Public in and for said County and State, personally appeared the above name NOTTINGHAM DEVELOPMENT, INC., an Ohio corporation, by JESSICA MtNESINGER. its President, and acknow I edged tile signing thereof to be her vo1untary act and deed, and the voluntary act and deed of said corporation.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Notarial seal this day of April, 2016.

Prepared by:

Jeremy M. Tomb Klem Tomb & Eberly. LLP 124 W. Main Street Troy, OH 45373 937.339.393-9

Notary Public

3

KAREN BOONE, Notary P11btic In and for 1h13 State of Ohio My Commission Expires ~ • 6 · j'\ Recorded in Miami County

LEGAL DESCIU PTION NOTTINGHAM SUBDIVISION, SECTION NINE

BEING A PART OF LNLOT NUMBER 9891 1N THE CITY OF TROY, MJAMl COUNTY, OHIO AND BEING MORE FULLY DESCRIBED AS FOLLOWS;

Beginning at an iron pin found in the northeast comer of Inlot number 10537 of Nottingham Subdjvision, Section Eight-A as recorded in the Miami County Recorder's Plat Book 25. Page 45;

thence, North 05° -04' -33" East, 297.43 feet, along the west line of Inlot number 9891, to an iron pin set;

thence, South 84°-55'-27" East, 142.00 feet, to an iron pin set;

thence. Norih 05°-04'-33'' East, 10.58 feet, to au iron pin set;

thence, South 84°-55'-27" East, 335.37 feet, to an iron pin set;

thence, South 35°-55' -38" East, 129.31 feet, to an iron pin set;

thence, Northeasterly, 1 12.01 feet, along the arc of a curve to the right having a radius of 530.00 feet, :m internal angle of 12°-06' -3T a11d a chord 111.80 feet in length bearing North 60°-07'-38" East, to an iron pin set;

thence, North 66° - IO' -54'' East, 256.44 feet, to an iron pin set;

thence, Northerly, 47.12 feet, along the arc of a curve to the left having a radjus of 30.00 feet, an intemal angle of 90° -00" .oo·• and a chord 42.43 feet in length bearing North 2 1°-10'-54'' East, to an iron pin set;

thence, North 66°-10' -54'' East, 33.00 feet, to a mag nail set in the centerline of Piqua-Troy Road;

thence. South 23°-49' -06'' East. 120.00 feet, .along the centerline of Piqua-Troy Road, to a mag nail set;

thence. South 66°-10'-54' ' West. 33.00 feet, to an iron pin set;

thence, Northwesterly. 47.12 feet, along the arc of a curve to the left having a radius 0[30.00 feet, an internal angle of 90°-00 '-00" and a chord 42.43 feet in length bearing North 68°-49'-06'' West, to an -iron pin set;

thence, South 66°-10 '-54" West, 256.44 feet. to an iron pin set;

thence. Southwesterly, 110.69 feet. along the arc of a curve to the left havjng a radius of 470.00 feet, an internal angle 13°-29'-37" and a chord 110.43 feet in length bearing South 59°-26'-05'" West. to an iron pin set;

thence, South 37°- 18 ' -43" East, 138.22 feet, to an i.mn pin set;

thence-, North 46°-44'-55" East. 37.20 feet , to an iron pin set;

thence. North 66°-10' -54" East, 67 .64 feet , to an iron pin set;

thence, South 23°-23'-05 .. East, 244.33 feet, roan iron pin set;

thence, South 66°-36'-55" West. 33.70 feet, to an iron pin set;

thence, South 23°-23' -05" East, 175.91 feet, to an iron pin set;

thence, South 71 °-46' -41"' West, 534.35 fee~ to an iron pin found;

thence, South 18°-J 3 ' -19' . East. 63.17 foet. to a corner, passing for reference an iron pin found at 38. l 7 feet;

thence, South 71 °-46' -41 .. West, 292.62 feet , to a comer;

thence, North 45°-33'-32" West, 141.25 feet , to an iron pin found, passing for reference an iron pin found at 10. 00 feet;

thence, North 85°-00'-57'' West, 96.20 feet1 to an iron pin found in the West line of lnlot nwnber 9891 and being also the East line of Nottingham Subdivision, Section Eight-A;

thence, North 04°-591 -03" East, 565.20 feet, aJong the West line oflnlot 9891 and d1e East line of Nottingham Subdivision, Section Eight-A, to the principal place of beginning.

Containing 15.152 acres more or less and being subject to all legal highways and easements of record.

The above description was prepared by Steven E. Bowersox, Ohio Professional Surveyor number 7059 based on a survey perf01med under his direction with the bearings used for same being based on NAD 83, GEO ID 2003 Ohio South Zone. ODOT YRS CORS Network.

Documents

DECLARATION OF SUBDIVISION · alterations, or restorations. Submission lo the Committee shall not be deemed to have occmred unless and until at least one member of the Committee has