morningside at martin's run homeowners' association, inc. declaration of … · ·...
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~lllTillenAium11fle Agency lTD 5U61 N Abbe Rd Suite 3
Elyria OHmiddot 44035 middot QQQolY
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MORNINGSIDE AT MARTINS RUN HOMEOWNERS ASSOCIATION INC
DECLARATION OF COVENANTS CONDITIONS
RESTRICTIONS AND RESERVATION )
OF EASEMENTS
fmiddot This easement has peen examined and the Grantor ha_s complie-dwith Section 319 202
I the Revised Code middot
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TABLE OF CONTENTS
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ARTICLE 1 Definitions middot 1 11 Additional Land 1 12 Allocated Interests 1
13 Assessments 1 14 Association 1
15 Board 1
16 Builder 2
17 City 2
18 Declarant 2
19 Declaration 2
110 Detention andor Retention Areas 2
111 Development 2
112 Dwelling Unit 2
113 Lot 2
114 Member 2
115 Morningside Amenities 2
116 Morningside Common Areas 3
117 Morningside Common Expense Liability 3
118 Conunon Expenses for Morningside Common Areas 3 l--~~~~--J~~~~--=~~~~~---~~~~~~~~~~----1~~~~---
119 0 ccu pant 3 120 Owner 3 121 Property 3 122 Record Plat 3 123 Signs amp Signage ~ 3 124 Single Family Common Areas 3 125 Single Family Common Expense Liability 4
126 Common Expenses for Single Family Common Areas 4
127 Surface Water Management System 4
128 Unit 4
Wetland Areas 4129
4Lots and Units ARTICLE2 4Description ofLot Boundaries 1 21 4Unit Boundaries 22
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ARTICLE3 Allocation of Allocated Interests 5 31 Common Expense Liability _ 5 32 Votes in the Association 5
ARTICLE4 Common Areas and Easements 5
41 Morningside Common Areas ~ 5
42 Single Family Common Areas 5
43 Easements 5 44 Development Rights 6 45 Owners Delegation Rights 6 46 Limitation on Common Elem~nts and Easements 6
ARTICLE 5 Surface Water Management 7 51 Surface Water Management System 7 52 Surface Water Management System Easements 7 53 7Access middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Individual Maintenance 54 7 Detention Retention and Wetland Maintenance 55 7 Restriction on Use 56 8
ARTICLE 6 Owners Association 8 61 Formation 8 62 Membership 8
Powers of the Association 863
64 Voting Rights 9
65 Number ofVotes 9
66 Proxies 9
Annual Meeting 67 10 Management Agent 1068
Assessments 10ARTICLE 7 Establishment of Assessments 1071 Purpose of~he Assessments 1072 General Assessment for Morningside Common Areas 1073
10General Assessment for Single Family Common Areas 74 11Individual Assessment 75 11Working Capital Fund Initial Assessment 76
Computation arid Payment of General Assessment for Morningside Common Areas
77 11
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ARTICLE3 Allocation of Allocated Interests 5 78 Computation and Payment of General Assessment for Single
Family Common Areas 11 79 Maximum Assessm~nt for Morningside Common Areas (All
Owners) 12
710 Maximum Assessment for Single Family Common Areas (All Ownersexcept Owners of Condominium Units) 12
711 Allocation of Assessments 12
712 Separate Budgets for Morningside Common Areas and Single family Common Areas 13
713 Lien for Assessments 13 714 Remedies Cumulative 14 715 middotPersonal Obligation 14 716 Statement of Unpaid Assessments 14 717 No Waiver of Liability for Common Expenses 14 718 Loan 15 719 Circumstances under which Declarant and Builder are
Responsible to Pay Assessments 15
ARTICLE 8 Upkeep of the Property 15 81 LotslJnits 15 82 Common Areas 15
83 Driveways streets sidewalks etc 15
84 Associations Right to Maintain 15
85 Access to Lots and the Condominium Property 15
ARTICLE9 Restrictions 16
91 Use and Occupancy 16
92 Age Restrictions 18
93 Architectural Restrictions 18
94 Remedies for Breach of Covenants and Restrictions ~ 21
ARTICLE 10 Insurance and middotcasualty Losses 21
10l Insurance 21
102 Repair and Restoration ~ 22
ARTICLE 11 Condemnation 22
111 Condemnation 22
ARTICLE 12 Development Rights 22
111
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( ARTICLE3 Allocation of Allocated Interests 5
121 Submission of Additional Land 22 122 Easements Reserved 22 123 Assignment of Development Rights 23 124 Transfer of Development Rights by Foreclosure 23 125 Development of Property 23
ARTICLE 13 Special Declarant Rights ~ 23
13l middot Use for Sale Purposes 23
132 Signs and Marketing middot 23
13 3 Control of the Association 23 middot 134 Declarants Personal Property 24 135 Right to Amend Documents 24
ARTICLE 14 Duration Amendment and Termination 25 141 Duration middot 25 142 Amendment 25 143 Termination 25
ARTICLE 15 Sign for the Subdivision 26 151 Sign 26
ARTICLE 16 Miscellaneous 26 16l No Reverter 26 162 Notices 26 163 Construction 26 164 Invalidity 26 165 Headings 26
166 Gender 26
167 Conflict 26
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DECLARATION OF COVENANTS CONDlTIONS RESTRICTIONS AND RESERVATION OF EASEMENTS
FOR MORNINGSIDE AT MARTINS RUN HOMEOWNERS ASSOCIATION INC
Declarant Oster Construction Inc an Ohio corporation is the owner of certain real estate in the City of Lorain Lorain County Ohio described in Exhibit 11A 11
attached hereto and incorporated herein (hereinafter referred to as 11Property11
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Declarant hereby declares that the Property shall be held sold and conveyed subject to the covenants conditions restrictions and reservation of easements herein which are for the purpose of protecting the value and desirability of and which shall run with the Property submittedmiddot hereunder or which may subsequently be added and shall be binding on all parties having any right title or interest in the Property its successors and assigns and shall inure to the benefit of each owner thereof
Declarant hereby declares that the Property as hereinafter defined shall be operated as housing for older persons in compliance with the Fair Housing Act (42 USC 3601 et seq) as may be amended from time to time The Board of Directors shall publish and adhere to policies and procedures which demonstrate the intent to provide housing for persons fifty-five (55) years of age and older including but not limited to reliable surveys and affidavits for verification for occupancy By acceptance of a deed to a Lot or a Unit Owners agree that they will cooperate with the Board of Directors in all reasonable ways in this regard and will furnish the Board with such information as necessary in connection with the Boards completion of such surveys and affidavits and that they shall comply with Article 92 herein in all respects
ARTICLE 1 DEFINITIONS
11 Additional Land Additional Land means the property described in Exhibit 11B11 which may be made subject to this Declaration pursuant to Article 121
12 Allocated Interests Allocated Interests means the Common Expense Liability and votes in the Association as set forth in Article 3
13 Assessments Assessments means those charges upon the Lots and Units established by Article 7 of this Declaration
14 Association 11Association11 means Morningside at Martins Run Homeowners Association Inc an Ohio nonprofit corporation its successors and assigns Except as the
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context otherwise requires Association shall mean the Board of Directors acting on behalf of the Association middot
) 15 Board Board shall mean the Board of Directors of the Association 16 Builder Builder means any person or entity (including Declarant) who erects a Dwelling Unit on the Property
17 City City means the City of Lorain Ohio
18 Declarant 11 Declarant11 means Oster Construction Inc an Ohio corporation its successors and assigns
19 Declaration Declaration means this Declaration of Covenants Conditions Restrictions and Reservation of Easements for Morningside at Martins Run Homeowners Associ~tion Inc including any amendments hereto
110 Detention andor Retention Areas Detention andor Retention Areas are areas within the Morningside Common Areas and the Single Family Common Areas which are used for storm water overflow andor retention
111 Development Development or Morningside Development means the development known as Morningside at Martins Run Lorain Ohio and includes and shall include the real estate described in Exhibit A and other real estate hereafter made subject ot the terms of this Declaration pursuant to Article 121
112 Dwelling Unit Dwelling Unit means a building situated on the Properties designed and intended for use and occupancy as a single family residence and also a Condominium Unit located in the Condominium Project to be developed and constructed by the Declarant or Builder
113 Lot Lot means the physical portion of the Property designated for separate ownership or occupancy the boundaries of which are described in Article 21 of this Declaration
114 Member Member means any person or entity entitled to membership in the Association as provided herein
115 Morningside Amenities Morningside Amenities means the amenities which are to be installed andor constructed by Declarant within the Morningside Common Areas which all Owners shall be entitled to use and enjoy as contemplated herein The Morningside Amenities shall include an approximate 13280 square foot clubhouse with locker rooms billiard room indoor pool business center weight and aerobic room and a kitchen and also outdoor amenities including a tennis court putting green pool walking trails bocci ball courts horseshoe Pits pavillon picnic areas and other amenities and fa~il~which may be installed by the Declarant all of which may be used by the Owners The cost of the use and operation of these amenities
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will be covered by the Assessments payable by Owners pursuant to Article 73 No other charge for such use will be payable by Owners provided that the Ownets shall (i) be responsible to provide their own racquets clubs balls and other items and equipment necessary to utilize said amenities and facilities (ii) pay any direct costs associated with their use of these amenities and facilities such as copy charges and long distance telephone charges and (iii) pay any middotcosts payable to third parties in connection with the Owners use of the amenities and facilities or with respect to the Owners participation in programs lessons activities or courses offered by outside sourc~s such as aerobics courses swinming lessons or classes of any nature I_l~MQrningsid~ Amemt1es also mcludemiddot other areas which may be used by the Owners for a feethose-~ing gardens recreational vehicle parking areas and the use of the clubhouse banquet facility for special functions and events middot
116 middot Morningside Common Areas The 11Momingside Common Areas 11 shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Development Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retention Areas and Wetland Areasmiddot wherever located including those located in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities and easements in favor of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Condominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all members of the Association
117 Morningside Common Expense Liability 1Morningside Common Expense Liability means the liability for Common Expenses for the Morningside Common Areas and shall be allocated equally to each Dwelling Unit pursuant to Article 3 of this Declaration
118 Common Expenses for Morningside Common Areas Common Expenses for Morninside Common Areas 11 means expenditures made by or financial liabilities of the Association togethermiddot with any allocations to reserves for the maintenance upkeep repair andor replacement of the Morningside Common Areas including payment of taxes and insurance relating to the Morningside Common Areas and also including maintenance repair and replacement of Signs and Signage
119 Occupant 11 0ccupant11 means any person in possession of a Lot or Dwelling Unit whether or not such possession is lawful and shall include but not be limited to an Owners family members guests invitees tenants and lessees
120 Owner 11 0wner11 means the Declarant or other perspn-or entity who owns a Lot or a Unit but does not indude aperson or entity having an interest in a Lot solely as security for an
obligation
A1121 Property 11Property1 or rrproperties 11 meal)s the real estate described in Exhibit 11
attached hereto and made a part hereof and the Additional Land if and when it is made subject to
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this Declaration
) 122 Record Plat Record Plat means any record plat for any phase of the Morningside Development or the Additional Land
123 Signs and Signage Signs and Signage means the Morningside at Martins Run identification signs and associated structures appurtenances and landscaping which shall hereafter be installed on any Lot andor in the Morningside Common Areas
124 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all Owners of single family homes in the Morningside Development middot middot
125 Single Family Common Expense Liability Single Family Common Expense Liability means the liability for Common Expenses for Single Family Common Areas plus the liability to pay expenses for snow plowing and lawn mowing as described in Articles 8 1 and 8 3 and shall be allocated equally to the Owners of each Lot in the single family subdivisions pursuant to Article 3 of this Declaration
126 Common Expenses for Single Family Common Areas 11 Common Expenses for Single Family Common Areas means expenditures made by and financial liabilities of the Association together with any allocations to reserves for the maintenance upkeep repair andor
) replacement of the Single Family Common Areas including payment of taxes and insurance relating to the Single Family Common Areas and also including expenses for snow plowing and lawn mowing as described in Articles 81and83
127 Surface Water Management System Surface Water Management System shall mean the system designed for the Property by the Declarant for storm water soil erosion and sediment control Such system shall include all existing watercourses ditches drainage easements detention areas and swales located in the Property some of which are shown on the Record Plat
128 middotUnit Unit or Condominium Unitmeans a condominium unit to be located in one of the condominium buildings to be hereafter constructed by Declarant or Builder on that part of the Property which is designated for condominium ownership (the Condominium Property) and shall consist of boundaries which are to be more precisely defined by a condominium declaration (Condominium Declaration) for the condominium project (Condominium Project) and which will also be shown on drawings which will accompany the Condominium Declaration at the time it is recorded The Condominium Project shall be located on that part of the Property shoWn as being designated as condominium property in the overall plan for Morningside at Martins Run a copy of which plan is attached hereto and made a part hereof as Exhibit C
129 Wetland Areas Wetland Areas are those areas within the Common Areas designated as such or as conservation easements on the Record Plat
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ARrCLE2 LOTS AND UNITS
21 Description of Lot Boundaries The boundaries of the Lots shall be as set forth on the Record Plat
22 Unit Boundaries The Unit boundaries shall be more definitively set forth in the Condominium Declaration and any amendments thereto to be filed and also in the drawings which shall accompany the Condominium Declaration and its amendments
ARTICLE3 ALLOCATION OF ALLOCATED INTERESTS
31 Common Expense Liability The allocation of Allocated Interests for Common Expense Liability for the Morningside Common Areas and the Single Family Common Areas shall be determined in accordance with the allocation of the various assessments as set forth in Article 7
32 Votes in the Association The allocation of Allocated Interests for voting purposes shall be one vote per Lot and one vote per Unit
ARTICLE4 COMMON AREAS AND EASEMENTS
41 Morningside Common Areas The Morningside Common Areas shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Developmentmiddot Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retentlon Areas and Wetland Areas wherever located including those lo~ated in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities middot and easements in favormiddot of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Copdominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be
shared equally by all members of the Association middot
42 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions
43 Easements The Lots the Condoinirtiuni Property and the Units and the Morningside Common Areas and the Single Family Common Areas (sometimes collectively referred to as the Common Areas) shall be subject to certain easements These easements shall be appurtenant
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43l Enjoyment The Common Areas Lots and common elements of the Condominium Property which consist of streets and sidewalks shall be subject to an easement of enjoyment in favormiddotofthe Lots the Units and the Owners Such easement shall be limited to the purposes for which the easements are created
432 Drainage The Lots and the Condomillium Property shall be subject to easements in favor of the Lots and Condominium Property benefitted for Surface Water Management as further defined in Article 5 No Owner shall do anything within or outside a Lot or on the Condominium Property which shall unreasonably increase or restrict the flow of surface water
433 Utilities The Lots Common Areas and the Condominium Property shall be subject to easements in favor of Owners and utility companies for the purpose of installing operating maintaining and servicing pole lines cables and conduits for utility services and cable television The character of the installation and structures which may be constructed reconstructed removed and maintained in on and through these easements shall include but not be limited to all incidental appurtenances such as guys conduits poles anchors transformers par mount transformers handholes etc Said easement right shall include the right without liability therefore to remove trees and landscaping including lawns within said easements premises which may interfere with the installation maintenance repair or operation of said utility facilities and with right of access ingress to and from any of the within premises for exercising and of the purpose of this right of way and easement grant
434 The City of Lorain and Other Persons A non-exclusive easement is granted to the City and to all police fire and other emergency personnel ambulance operators delivery garbage and trash removal personnel and to all similar persons and to the local governmental authorities but not to the public in general to enter upon the Common Areas the Condominium Property and the Surface Water Management System in the performance of their duties
44 Development Rights The Common Areas and the Condominium Property shall be subject to certain easements and development rights in favor of the Declarant as set forth in Article 12
45 Owners Delegation Rights Any Owner may delegate his or her easement rights and rights of enjoyment to the Common Areas to any Occupants and any guests invitees tenants or lessees thereof Any Owner who has leased his or her Lot or Unit shall be deemed to have delegated such rights Any such delegation however shall be in accordance with and subject to reasonable rules regulations and limitation as may be adopted by the Association in accordance with its Code of Regulations and shall also comply with the policies and procedures of the
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Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
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633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Omiddot P1middot _
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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TABLE OF CONTENTS
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ARTICLE 1 Definitions middot 1 11 Additional Land 1 12 Allocated Interests 1
13 Assessments 1 14 Association 1
15 Board 1
16 Builder 2
17 City 2
18 Declarant 2
19 Declaration 2
110 Detention andor Retention Areas 2
111 Development 2
112 Dwelling Unit 2
113 Lot 2
114 Member 2
115 Morningside Amenities 2
116 Morningside Common Areas 3
117 Morningside Common Expense Liability 3
118 Conunon Expenses for Morningside Common Areas 3 l--~~~~--J~~~~--=~~~~~---~~~~~~~~~~----1~~~~---
119 0 ccu pant 3 120 Owner 3 121 Property 3 122 Record Plat 3 123 Signs amp Signage ~ 3 124 Single Family Common Areas 3 125 Single Family Common Expense Liability 4
126 Common Expenses for Single Family Common Areas 4
127 Surface Water Management System 4
128 Unit 4
Wetland Areas 4129
4Lots and Units ARTICLE2 4Description ofLot Boundaries 1 21 4Unit Boundaries 22
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ARTICLE3 Allocation of Allocated Interests 5 31 Common Expense Liability _ 5 32 Votes in the Association 5
ARTICLE4 Common Areas and Easements 5
41 Morningside Common Areas ~ 5
42 Single Family Common Areas 5
43 Easements 5 44 Development Rights 6 45 Owners Delegation Rights 6 46 Limitation on Common Elem~nts and Easements 6
ARTICLE 5 Surface Water Management 7 51 Surface Water Management System 7 52 Surface Water Management System Easements 7 53 7Access middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Individual Maintenance 54 7 Detention Retention and Wetland Maintenance 55 7 Restriction on Use 56 8
ARTICLE 6 Owners Association 8 61 Formation 8 62 Membership 8
Powers of the Association 863
64 Voting Rights 9
65 Number ofVotes 9
66 Proxies 9
Annual Meeting 67 10 Management Agent 1068
Assessments 10ARTICLE 7 Establishment of Assessments 1071 Purpose of~he Assessments 1072 General Assessment for Morningside Common Areas 1073
10General Assessment for Single Family Common Areas 74 11Individual Assessment 75 11Working Capital Fund Initial Assessment 76
Computation arid Payment of General Assessment for Morningside Common Areas
77 11
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ARTICLE3 Allocation of Allocated Interests 5 78 Computation and Payment of General Assessment for Single
Family Common Areas 11 79 Maximum Assessm~nt for Morningside Common Areas (All
Owners) 12
710 Maximum Assessment for Single Family Common Areas (All Ownersexcept Owners of Condominium Units) 12
711 Allocation of Assessments 12
712 Separate Budgets for Morningside Common Areas and Single family Common Areas 13
713 Lien for Assessments 13 714 Remedies Cumulative 14 715 middotPersonal Obligation 14 716 Statement of Unpaid Assessments 14 717 No Waiver of Liability for Common Expenses 14 718 Loan 15 719 Circumstances under which Declarant and Builder are
Responsible to Pay Assessments 15
ARTICLE 8 Upkeep of the Property 15 81 LotslJnits 15 82 Common Areas 15
83 Driveways streets sidewalks etc 15
84 Associations Right to Maintain 15
85 Access to Lots and the Condominium Property 15
ARTICLE9 Restrictions 16
91 Use and Occupancy 16
92 Age Restrictions 18
93 Architectural Restrictions 18
94 Remedies for Breach of Covenants and Restrictions ~ 21
ARTICLE 10 Insurance and middotcasualty Losses 21
10l Insurance 21
102 Repair and Restoration ~ 22
ARTICLE 11 Condemnation 22
111 Condemnation 22
ARTICLE 12 Development Rights 22
111
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( ARTICLE3 Allocation of Allocated Interests 5
121 Submission of Additional Land 22 122 Easements Reserved 22 123 Assignment of Development Rights 23 124 Transfer of Development Rights by Foreclosure 23 125 Development of Property 23
ARTICLE 13 Special Declarant Rights ~ 23
13l middot Use for Sale Purposes 23
132 Signs and Marketing middot 23
13 3 Control of the Association 23 middot 134 Declarants Personal Property 24 135 Right to Amend Documents 24
ARTICLE 14 Duration Amendment and Termination 25 141 Duration middot 25 142 Amendment 25 143 Termination 25
ARTICLE 15 Sign for the Subdivision 26 151 Sign 26
ARTICLE 16 Miscellaneous 26 16l No Reverter 26 162 Notices 26 163 Construction 26 164 Invalidity 26 165 Headings 26
166 Gender 26
167 Conflict 26
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DECLARATION OF COVENANTS CONDlTIONS RESTRICTIONS AND RESERVATION OF EASEMENTS
FOR MORNINGSIDE AT MARTINS RUN HOMEOWNERS ASSOCIATION INC
Declarant Oster Construction Inc an Ohio corporation is the owner of certain real estate in the City of Lorain Lorain County Ohio described in Exhibit 11A 11
attached hereto and incorporated herein (hereinafter referred to as 11Property11
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Declarant hereby declares that the Property shall be held sold and conveyed subject to the covenants conditions restrictions and reservation of easements herein which are for the purpose of protecting the value and desirability of and which shall run with the Property submittedmiddot hereunder or which may subsequently be added and shall be binding on all parties having any right title or interest in the Property its successors and assigns and shall inure to the benefit of each owner thereof
Declarant hereby declares that the Property as hereinafter defined shall be operated as housing for older persons in compliance with the Fair Housing Act (42 USC 3601 et seq) as may be amended from time to time The Board of Directors shall publish and adhere to policies and procedures which demonstrate the intent to provide housing for persons fifty-five (55) years of age and older including but not limited to reliable surveys and affidavits for verification for occupancy By acceptance of a deed to a Lot or a Unit Owners agree that they will cooperate with the Board of Directors in all reasonable ways in this regard and will furnish the Board with such information as necessary in connection with the Boards completion of such surveys and affidavits and that they shall comply with Article 92 herein in all respects
ARTICLE 1 DEFINITIONS
11 Additional Land Additional Land means the property described in Exhibit 11B11 which may be made subject to this Declaration pursuant to Article 121
12 Allocated Interests Allocated Interests means the Common Expense Liability and votes in the Association as set forth in Article 3
13 Assessments Assessments means those charges upon the Lots and Units established by Article 7 of this Declaration
14 Association 11Association11 means Morningside at Martins Run Homeowners Association Inc an Ohio nonprofit corporation its successors and assigns Except as the
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context otherwise requires Association shall mean the Board of Directors acting on behalf of the Association middot
) 15 Board Board shall mean the Board of Directors of the Association 16 Builder Builder means any person or entity (including Declarant) who erects a Dwelling Unit on the Property
17 City City means the City of Lorain Ohio
18 Declarant 11 Declarant11 means Oster Construction Inc an Ohio corporation its successors and assigns
19 Declaration Declaration means this Declaration of Covenants Conditions Restrictions and Reservation of Easements for Morningside at Martins Run Homeowners Associ~tion Inc including any amendments hereto
110 Detention andor Retention Areas Detention andor Retention Areas are areas within the Morningside Common Areas and the Single Family Common Areas which are used for storm water overflow andor retention
111 Development Development or Morningside Development means the development known as Morningside at Martins Run Lorain Ohio and includes and shall include the real estate described in Exhibit A and other real estate hereafter made subject ot the terms of this Declaration pursuant to Article 121
112 Dwelling Unit Dwelling Unit means a building situated on the Properties designed and intended for use and occupancy as a single family residence and also a Condominium Unit located in the Condominium Project to be developed and constructed by the Declarant or Builder
113 Lot Lot means the physical portion of the Property designated for separate ownership or occupancy the boundaries of which are described in Article 21 of this Declaration
114 Member Member means any person or entity entitled to membership in the Association as provided herein
115 Morningside Amenities Morningside Amenities means the amenities which are to be installed andor constructed by Declarant within the Morningside Common Areas which all Owners shall be entitled to use and enjoy as contemplated herein The Morningside Amenities shall include an approximate 13280 square foot clubhouse with locker rooms billiard room indoor pool business center weight and aerobic room and a kitchen and also outdoor amenities including a tennis court putting green pool walking trails bocci ball courts horseshoe Pits pavillon picnic areas and other amenities and fa~il~which may be installed by the Declarant all of which may be used by the Owners The cost of the use and operation of these amenities
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will be covered by the Assessments payable by Owners pursuant to Article 73 No other charge for such use will be payable by Owners provided that the Ownets shall (i) be responsible to provide their own racquets clubs balls and other items and equipment necessary to utilize said amenities and facilities (ii) pay any direct costs associated with their use of these amenities and facilities such as copy charges and long distance telephone charges and (iii) pay any middotcosts payable to third parties in connection with the Owners use of the amenities and facilities or with respect to the Owners participation in programs lessons activities or courses offered by outside sourc~s such as aerobics courses swinming lessons or classes of any nature I_l~MQrningsid~ Amemt1es also mcludemiddot other areas which may be used by the Owners for a feethose-~ing gardens recreational vehicle parking areas and the use of the clubhouse banquet facility for special functions and events middot
116 middot Morningside Common Areas The 11Momingside Common Areas 11 shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Development Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retention Areas and Wetland Areasmiddot wherever located including those located in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities and easements in favor of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Condominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all members of the Association
117 Morningside Common Expense Liability 1Morningside Common Expense Liability means the liability for Common Expenses for the Morningside Common Areas and shall be allocated equally to each Dwelling Unit pursuant to Article 3 of this Declaration
118 Common Expenses for Morningside Common Areas Common Expenses for Morninside Common Areas 11 means expenditures made by or financial liabilities of the Association togethermiddot with any allocations to reserves for the maintenance upkeep repair andor replacement of the Morningside Common Areas including payment of taxes and insurance relating to the Morningside Common Areas and also including maintenance repair and replacement of Signs and Signage
119 Occupant 11 0ccupant11 means any person in possession of a Lot or Dwelling Unit whether or not such possession is lawful and shall include but not be limited to an Owners family members guests invitees tenants and lessees
120 Owner 11 0wner11 means the Declarant or other perspn-or entity who owns a Lot or a Unit but does not indude aperson or entity having an interest in a Lot solely as security for an
obligation
A1121 Property 11Property1 or rrproperties 11 meal)s the real estate described in Exhibit 11
attached hereto and made a part hereof and the Additional Land if and when it is made subject to
-4shy
this Declaration
) 122 Record Plat Record Plat means any record plat for any phase of the Morningside Development or the Additional Land
123 Signs and Signage Signs and Signage means the Morningside at Martins Run identification signs and associated structures appurtenances and landscaping which shall hereafter be installed on any Lot andor in the Morningside Common Areas
124 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all Owners of single family homes in the Morningside Development middot middot
125 Single Family Common Expense Liability Single Family Common Expense Liability means the liability for Common Expenses for Single Family Common Areas plus the liability to pay expenses for snow plowing and lawn mowing as described in Articles 8 1 and 8 3 and shall be allocated equally to the Owners of each Lot in the single family subdivisions pursuant to Article 3 of this Declaration
126 Common Expenses for Single Family Common Areas 11 Common Expenses for Single Family Common Areas means expenditures made by and financial liabilities of the Association together with any allocations to reserves for the maintenance upkeep repair andor
) replacement of the Single Family Common Areas including payment of taxes and insurance relating to the Single Family Common Areas and also including expenses for snow plowing and lawn mowing as described in Articles 81and83
127 Surface Water Management System Surface Water Management System shall mean the system designed for the Property by the Declarant for storm water soil erosion and sediment control Such system shall include all existing watercourses ditches drainage easements detention areas and swales located in the Property some of which are shown on the Record Plat
128 middotUnit Unit or Condominium Unitmeans a condominium unit to be located in one of the condominium buildings to be hereafter constructed by Declarant or Builder on that part of the Property which is designated for condominium ownership (the Condominium Property) and shall consist of boundaries which are to be more precisely defined by a condominium declaration (Condominium Declaration) for the condominium project (Condominium Project) and which will also be shown on drawings which will accompany the Condominium Declaration at the time it is recorded The Condominium Project shall be located on that part of the Property shoWn as being designated as condominium property in the overall plan for Morningside at Martins Run a copy of which plan is attached hereto and made a part hereof as Exhibit C
129 Wetland Areas Wetland Areas are those areas within the Common Areas designated as such or as conservation easements on the Record Plat
)
ARrCLE2 LOTS AND UNITS
21 Description of Lot Boundaries The boundaries of the Lots shall be as set forth on the Record Plat
22 Unit Boundaries The Unit boundaries shall be more definitively set forth in the Condominium Declaration and any amendments thereto to be filed and also in the drawings which shall accompany the Condominium Declaration and its amendments
ARTICLE3 ALLOCATION OF ALLOCATED INTERESTS
31 Common Expense Liability The allocation of Allocated Interests for Common Expense Liability for the Morningside Common Areas and the Single Family Common Areas shall be determined in accordance with the allocation of the various assessments as set forth in Article 7
32 Votes in the Association The allocation of Allocated Interests for voting purposes shall be one vote per Lot and one vote per Unit
ARTICLE4 COMMON AREAS AND EASEMENTS
41 Morningside Common Areas The Morningside Common Areas shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Developmentmiddot Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retentlon Areas and Wetland Areas wherever located including those lo~ated in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities middot and easements in favormiddot of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Copdominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be
shared equally by all members of the Association middot
42 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions
43 Easements The Lots the Condoinirtiuni Property and the Units and the Morningside Common Areas and the Single Family Common Areas (sometimes collectively referred to as the Common Areas) shall be subject to certain easements These easements shall be appurtenant
) middot to and pass with the title to the Lots and the Units middot
43l Enjoyment The Common Areas Lots and common elements of the Condominium Property which consist of streets and sidewalks shall be subject to an easement of enjoyment in favormiddotofthe Lots the Units and the Owners Such easement shall be limited to the purposes for which the easements are created
432 Drainage The Lots and the Condomillium Property shall be subject to easements in favor of the Lots and Condominium Property benefitted for Surface Water Management as further defined in Article 5 No Owner shall do anything within or outside a Lot or on the Condominium Property which shall unreasonably increase or restrict the flow of surface water
433 Utilities The Lots Common Areas and the Condominium Property shall be subject to easements in favor of Owners and utility companies for the purpose of installing operating maintaining and servicing pole lines cables and conduits for utility services and cable television The character of the installation and structures which may be constructed reconstructed removed and maintained in on and through these easements shall include but not be limited to all incidental appurtenances such as guys conduits poles anchors transformers par mount transformers handholes etc Said easement right shall include the right without liability therefore to remove trees and landscaping including lawns within said easements premises which may interfere with the installation maintenance repair or operation of said utility facilities and with right of access ingress to and from any of the within premises for exercising and of the purpose of this right of way and easement grant
434 The City of Lorain and Other Persons A non-exclusive easement is granted to the City and to all police fire and other emergency personnel ambulance operators delivery garbage and trash removal personnel and to all similar persons and to the local governmental authorities but not to the public in general to enter upon the Common Areas the Condominium Property and the Surface Water Management System in the performance of their duties
44 Development Rights The Common Areas and the Condominium Property shall be subject to certain easements and development rights in favor of the Declarant as set forth in Article 12
45 Owners Delegation Rights Any Owner may delegate his or her easement rights and rights of enjoyment to the Common Areas to any Occupants and any guests invitees tenants or lessees thereof Any Owner who has leased his or her Lot or Unit shall be deemed to have delegated such rights Any such delegation however shall be in accordance with and subject to reasonable rules regulations and limitation as may be adopted by the Association in accordance with its Code of Regulations and shall also comply with the policies and procedures of the
)
l
Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
)
633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
) I
ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
)
c _---middot
subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
(
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
865
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Omiddot P1middot _
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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TABLE OF CONTENTS
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ARTICLE 1 Definitions middot 1 11 Additional Land 1 12 Allocated Interests 1
13 Assessments 1 14 Association 1
15 Board 1
16 Builder 2
17 City 2
18 Declarant 2
19 Declaration 2
110 Detention andor Retention Areas 2
111 Development 2
112 Dwelling Unit 2
113 Lot 2
114 Member 2
115 Morningside Amenities 2
116 Morningside Common Areas 3
117 Morningside Common Expense Liability 3
118 Conunon Expenses for Morningside Common Areas 3 l--~~~~--J~~~~--=~~~~~---~~~~~~~~~~----1~~~~---
119 0 ccu pant 3 120 Owner 3 121 Property 3 122 Record Plat 3 123 Signs amp Signage ~ 3 124 Single Family Common Areas 3 125 Single Family Common Expense Liability 4
126 Common Expenses for Single Family Common Areas 4
127 Surface Water Management System 4
128 Unit 4
Wetland Areas 4129
4Lots and Units ARTICLE2 4Description ofLot Boundaries 1 21 4Unit Boundaries 22
) 1
ARTICLE3 Allocation of Allocated Interests 5 31 Common Expense Liability _ 5 32 Votes in the Association 5
ARTICLE4 Common Areas and Easements 5
41 Morningside Common Areas ~ 5
42 Single Family Common Areas 5
43 Easements 5 44 Development Rights 6 45 Owners Delegation Rights 6 46 Limitation on Common Elem~nts and Easements 6
ARTICLE 5 Surface Water Management 7 51 Surface Water Management System 7 52 Surface Water Management System Easements 7 53 7Access middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Individual Maintenance 54 7 Detention Retention and Wetland Maintenance 55 7 Restriction on Use 56 8
ARTICLE 6 Owners Association 8 61 Formation 8 62 Membership 8
Powers of the Association 863
64 Voting Rights 9
65 Number ofVotes 9
66 Proxies 9
Annual Meeting 67 10 Management Agent 1068
Assessments 10ARTICLE 7 Establishment of Assessments 1071 Purpose of~he Assessments 1072 General Assessment for Morningside Common Areas 1073
10General Assessment for Single Family Common Areas 74 11Individual Assessment 75 11Working Capital Fund Initial Assessment 76
Computation arid Payment of General Assessment for Morningside Common Areas
77 11
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ARTICLE3 Allocation of Allocated Interests 5 78 Computation and Payment of General Assessment for Single
Family Common Areas 11 79 Maximum Assessm~nt for Morningside Common Areas (All
Owners) 12
710 Maximum Assessment for Single Family Common Areas (All Ownersexcept Owners of Condominium Units) 12
711 Allocation of Assessments 12
712 Separate Budgets for Morningside Common Areas and Single family Common Areas 13
713 Lien for Assessments 13 714 Remedies Cumulative 14 715 middotPersonal Obligation 14 716 Statement of Unpaid Assessments 14 717 No Waiver of Liability for Common Expenses 14 718 Loan 15 719 Circumstances under which Declarant and Builder are
Responsible to Pay Assessments 15
ARTICLE 8 Upkeep of the Property 15 81 LotslJnits 15 82 Common Areas 15
83 Driveways streets sidewalks etc 15
84 Associations Right to Maintain 15
85 Access to Lots and the Condominium Property 15
ARTICLE9 Restrictions 16
91 Use and Occupancy 16
92 Age Restrictions 18
93 Architectural Restrictions 18
94 Remedies for Breach of Covenants and Restrictions ~ 21
ARTICLE 10 Insurance and middotcasualty Losses 21
10l Insurance 21
102 Repair and Restoration ~ 22
ARTICLE 11 Condemnation 22
111 Condemnation 22
ARTICLE 12 Development Rights 22
111
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( ARTICLE3 Allocation of Allocated Interests 5
121 Submission of Additional Land 22 122 Easements Reserved 22 123 Assignment of Development Rights 23 124 Transfer of Development Rights by Foreclosure 23 125 Development of Property 23
ARTICLE 13 Special Declarant Rights ~ 23
13l middot Use for Sale Purposes 23
132 Signs and Marketing middot 23
13 3 Control of the Association 23 middot 134 Declarants Personal Property 24 135 Right to Amend Documents 24
ARTICLE 14 Duration Amendment and Termination 25 141 Duration middot 25 142 Amendment 25 143 Termination 25
ARTICLE 15 Sign for the Subdivision 26 151 Sign 26
ARTICLE 16 Miscellaneous 26 16l No Reverter 26 162 Notices 26 163 Construction 26 164 Invalidity 26 165 Headings 26
166 Gender 26
167 Conflict 26
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DECLARATION OF COVENANTS CONDlTIONS RESTRICTIONS AND RESERVATION OF EASEMENTS
FOR MORNINGSIDE AT MARTINS RUN HOMEOWNERS ASSOCIATION INC
Declarant Oster Construction Inc an Ohio corporation is the owner of certain real estate in the City of Lorain Lorain County Ohio described in Exhibit 11A 11
attached hereto and incorporated herein (hereinafter referred to as 11Property11
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Declarant hereby declares that the Property shall be held sold and conveyed subject to the covenants conditions restrictions and reservation of easements herein which are for the purpose of protecting the value and desirability of and which shall run with the Property submittedmiddot hereunder or which may subsequently be added and shall be binding on all parties having any right title or interest in the Property its successors and assigns and shall inure to the benefit of each owner thereof
Declarant hereby declares that the Property as hereinafter defined shall be operated as housing for older persons in compliance with the Fair Housing Act (42 USC 3601 et seq) as may be amended from time to time The Board of Directors shall publish and adhere to policies and procedures which demonstrate the intent to provide housing for persons fifty-five (55) years of age and older including but not limited to reliable surveys and affidavits for verification for occupancy By acceptance of a deed to a Lot or a Unit Owners agree that they will cooperate with the Board of Directors in all reasonable ways in this regard and will furnish the Board with such information as necessary in connection with the Boards completion of such surveys and affidavits and that they shall comply with Article 92 herein in all respects
ARTICLE 1 DEFINITIONS
11 Additional Land Additional Land means the property described in Exhibit 11B11 which may be made subject to this Declaration pursuant to Article 121
12 Allocated Interests Allocated Interests means the Common Expense Liability and votes in the Association as set forth in Article 3
13 Assessments Assessments means those charges upon the Lots and Units established by Article 7 of this Declaration
14 Association 11Association11 means Morningside at Martins Run Homeowners Association Inc an Ohio nonprofit corporation its successors and assigns Except as the
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context otherwise requires Association shall mean the Board of Directors acting on behalf of the Association middot
) 15 Board Board shall mean the Board of Directors of the Association 16 Builder Builder means any person or entity (including Declarant) who erects a Dwelling Unit on the Property
17 City City means the City of Lorain Ohio
18 Declarant 11 Declarant11 means Oster Construction Inc an Ohio corporation its successors and assigns
19 Declaration Declaration means this Declaration of Covenants Conditions Restrictions and Reservation of Easements for Morningside at Martins Run Homeowners Associ~tion Inc including any amendments hereto
110 Detention andor Retention Areas Detention andor Retention Areas are areas within the Morningside Common Areas and the Single Family Common Areas which are used for storm water overflow andor retention
111 Development Development or Morningside Development means the development known as Morningside at Martins Run Lorain Ohio and includes and shall include the real estate described in Exhibit A and other real estate hereafter made subject ot the terms of this Declaration pursuant to Article 121
112 Dwelling Unit Dwelling Unit means a building situated on the Properties designed and intended for use and occupancy as a single family residence and also a Condominium Unit located in the Condominium Project to be developed and constructed by the Declarant or Builder
113 Lot Lot means the physical portion of the Property designated for separate ownership or occupancy the boundaries of which are described in Article 21 of this Declaration
114 Member Member means any person or entity entitled to membership in the Association as provided herein
115 Morningside Amenities Morningside Amenities means the amenities which are to be installed andor constructed by Declarant within the Morningside Common Areas which all Owners shall be entitled to use and enjoy as contemplated herein The Morningside Amenities shall include an approximate 13280 square foot clubhouse with locker rooms billiard room indoor pool business center weight and aerobic room and a kitchen and also outdoor amenities including a tennis court putting green pool walking trails bocci ball courts horseshoe Pits pavillon picnic areas and other amenities and fa~il~which may be installed by the Declarant all of which may be used by the Owners The cost of the use and operation of these amenities
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will be covered by the Assessments payable by Owners pursuant to Article 73 No other charge for such use will be payable by Owners provided that the Ownets shall (i) be responsible to provide their own racquets clubs balls and other items and equipment necessary to utilize said amenities and facilities (ii) pay any direct costs associated with their use of these amenities and facilities such as copy charges and long distance telephone charges and (iii) pay any middotcosts payable to third parties in connection with the Owners use of the amenities and facilities or with respect to the Owners participation in programs lessons activities or courses offered by outside sourc~s such as aerobics courses swinming lessons or classes of any nature I_l~MQrningsid~ Amemt1es also mcludemiddot other areas which may be used by the Owners for a feethose-~ing gardens recreational vehicle parking areas and the use of the clubhouse banquet facility for special functions and events middot
116 middot Morningside Common Areas The 11Momingside Common Areas 11 shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Development Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retention Areas and Wetland Areasmiddot wherever located including those located in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities and easements in favor of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Condominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all members of the Association
117 Morningside Common Expense Liability 1Morningside Common Expense Liability means the liability for Common Expenses for the Morningside Common Areas and shall be allocated equally to each Dwelling Unit pursuant to Article 3 of this Declaration
118 Common Expenses for Morningside Common Areas Common Expenses for Morninside Common Areas 11 means expenditures made by or financial liabilities of the Association togethermiddot with any allocations to reserves for the maintenance upkeep repair andor replacement of the Morningside Common Areas including payment of taxes and insurance relating to the Morningside Common Areas and also including maintenance repair and replacement of Signs and Signage
119 Occupant 11 0ccupant11 means any person in possession of a Lot or Dwelling Unit whether or not such possession is lawful and shall include but not be limited to an Owners family members guests invitees tenants and lessees
120 Owner 11 0wner11 means the Declarant or other perspn-or entity who owns a Lot or a Unit but does not indude aperson or entity having an interest in a Lot solely as security for an
obligation
A1121 Property 11Property1 or rrproperties 11 meal)s the real estate described in Exhibit 11
attached hereto and made a part hereof and the Additional Land if and when it is made subject to
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this Declaration
) 122 Record Plat Record Plat means any record plat for any phase of the Morningside Development or the Additional Land
123 Signs and Signage Signs and Signage means the Morningside at Martins Run identification signs and associated structures appurtenances and landscaping which shall hereafter be installed on any Lot andor in the Morningside Common Areas
124 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all Owners of single family homes in the Morningside Development middot middot
125 Single Family Common Expense Liability Single Family Common Expense Liability means the liability for Common Expenses for Single Family Common Areas plus the liability to pay expenses for snow plowing and lawn mowing as described in Articles 8 1 and 8 3 and shall be allocated equally to the Owners of each Lot in the single family subdivisions pursuant to Article 3 of this Declaration
126 Common Expenses for Single Family Common Areas 11 Common Expenses for Single Family Common Areas means expenditures made by and financial liabilities of the Association together with any allocations to reserves for the maintenance upkeep repair andor
) replacement of the Single Family Common Areas including payment of taxes and insurance relating to the Single Family Common Areas and also including expenses for snow plowing and lawn mowing as described in Articles 81and83
127 Surface Water Management System Surface Water Management System shall mean the system designed for the Property by the Declarant for storm water soil erosion and sediment control Such system shall include all existing watercourses ditches drainage easements detention areas and swales located in the Property some of which are shown on the Record Plat
128 middotUnit Unit or Condominium Unitmeans a condominium unit to be located in one of the condominium buildings to be hereafter constructed by Declarant or Builder on that part of the Property which is designated for condominium ownership (the Condominium Property) and shall consist of boundaries which are to be more precisely defined by a condominium declaration (Condominium Declaration) for the condominium project (Condominium Project) and which will also be shown on drawings which will accompany the Condominium Declaration at the time it is recorded The Condominium Project shall be located on that part of the Property shoWn as being designated as condominium property in the overall plan for Morningside at Martins Run a copy of which plan is attached hereto and made a part hereof as Exhibit C
129 Wetland Areas Wetland Areas are those areas within the Common Areas designated as such or as conservation easements on the Record Plat
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ARrCLE2 LOTS AND UNITS
21 Description of Lot Boundaries The boundaries of the Lots shall be as set forth on the Record Plat
22 Unit Boundaries The Unit boundaries shall be more definitively set forth in the Condominium Declaration and any amendments thereto to be filed and also in the drawings which shall accompany the Condominium Declaration and its amendments
ARTICLE3 ALLOCATION OF ALLOCATED INTERESTS
31 Common Expense Liability The allocation of Allocated Interests for Common Expense Liability for the Morningside Common Areas and the Single Family Common Areas shall be determined in accordance with the allocation of the various assessments as set forth in Article 7
32 Votes in the Association The allocation of Allocated Interests for voting purposes shall be one vote per Lot and one vote per Unit
ARTICLE4 COMMON AREAS AND EASEMENTS
41 Morningside Common Areas The Morningside Common Areas shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Developmentmiddot Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retentlon Areas and Wetland Areas wherever located including those lo~ated in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities middot and easements in favormiddot of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Copdominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be
shared equally by all members of the Association middot
42 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions
43 Easements The Lots the Condoinirtiuni Property and the Units and the Morningside Common Areas and the Single Family Common Areas (sometimes collectively referred to as the Common Areas) shall be subject to certain easements These easements shall be appurtenant
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43l Enjoyment The Common Areas Lots and common elements of the Condominium Property which consist of streets and sidewalks shall be subject to an easement of enjoyment in favormiddotofthe Lots the Units and the Owners Such easement shall be limited to the purposes for which the easements are created
432 Drainage The Lots and the Condomillium Property shall be subject to easements in favor of the Lots and Condominium Property benefitted for Surface Water Management as further defined in Article 5 No Owner shall do anything within or outside a Lot or on the Condominium Property which shall unreasonably increase or restrict the flow of surface water
433 Utilities The Lots Common Areas and the Condominium Property shall be subject to easements in favor of Owners and utility companies for the purpose of installing operating maintaining and servicing pole lines cables and conduits for utility services and cable television The character of the installation and structures which may be constructed reconstructed removed and maintained in on and through these easements shall include but not be limited to all incidental appurtenances such as guys conduits poles anchors transformers par mount transformers handholes etc Said easement right shall include the right without liability therefore to remove trees and landscaping including lawns within said easements premises which may interfere with the installation maintenance repair or operation of said utility facilities and with right of access ingress to and from any of the within premises for exercising and of the purpose of this right of way and easement grant
434 The City of Lorain and Other Persons A non-exclusive easement is granted to the City and to all police fire and other emergency personnel ambulance operators delivery garbage and trash removal personnel and to all similar persons and to the local governmental authorities but not to the public in general to enter upon the Common Areas the Condominium Property and the Surface Water Management System in the performance of their duties
44 Development Rights The Common Areas and the Condominium Property shall be subject to certain easements and development rights in favor of the Declarant as set forth in Article 12
45 Owners Delegation Rights Any Owner may delegate his or her easement rights and rights of enjoyment to the Common Areas to any Occupants and any guests invitees tenants or lessees thereof Any Owner who has leased his or her Lot or Unit shall be deemed to have delegated such rights Any such delegation however shall be in accordance with and subject to reasonable rules regulations and limitation as may be adopted by the Association in accordance with its Code of Regulations and shall also comply with the policies and procedures of the
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Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
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633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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ARTICLE3 Allocation of Allocated Interests 5 31 Common Expense Liability _ 5 32 Votes in the Association 5
ARTICLE4 Common Areas and Easements 5
41 Morningside Common Areas ~ 5
42 Single Family Common Areas 5
43 Easements 5 44 Development Rights 6 45 Owners Delegation Rights 6 46 Limitation on Common Elem~nts and Easements 6
ARTICLE 5 Surface Water Management 7 51 Surface Water Management System 7 52 Surface Water Management System Easements 7 53 7Access middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Individual Maintenance 54 7 Detention Retention and Wetland Maintenance 55 7 Restriction on Use 56 8
ARTICLE 6 Owners Association 8 61 Formation 8 62 Membership 8
Powers of the Association 863
64 Voting Rights 9
65 Number ofVotes 9
66 Proxies 9
Annual Meeting 67 10 Management Agent 1068
Assessments 10ARTICLE 7 Establishment of Assessments 1071 Purpose of~he Assessments 1072 General Assessment for Morningside Common Areas 1073
10General Assessment for Single Family Common Areas 74 11Individual Assessment 75 11Working Capital Fund Initial Assessment 76
Computation arid Payment of General Assessment for Morningside Common Areas
77 11
11
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ARTICLE3 Allocation of Allocated Interests 5 78 Computation and Payment of General Assessment for Single
Family Common Areas 11 79 Maximum Assessm~nt for Morningside Common Areas (All
Owners) 12
710 Maximum Assessment for Single Family Common Areas (All Ownersexcept Owners of Condominium Units) 12
711 Allocation of Assessments 12
712 Separate Budgets for Morningside Common Areas and Single family Common Areas 13
713 Lien for Assessments 13 714 Remedies Cumulative 14 715 middotPersonal Obligation 14 716 Statement of Unpaid Assessments 14 717 No Waiver of Liability for Common Expenses 14 718 Loan 15 719 Circumstances under which Declarant and Builder are
Responsible to Pay Assessments 15
ARTICLE 8 Upkeep of the Property 15 81 LotslJnits 15 82 Common Areas 15
83 Driveways streets sidewalks etc 15
84 Associations Right to Maintain 15
85 Access to Lots and the Condominium Property 15
ARTICLE9 Restrictions 16
91 Use and Occupancy 16
92 Age Restrictions 18
93 Architectural Restrictions 18
94 Remedies for Breach of Covenants and Restrictions ~ 21
ARTICLE 10 Insurance and middotcasualty Losses 21
10l Insurance 21
102 Repair and Restoration ~ 22
ARTICLE 11 Condemnation 22
111 Condemnation 22
ARTICLE 12 Development Rights 22
111
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( ARTICLE3 Allocation of Allocated Interests 5
121 Submission of Additional Land 22 122 Easements Reserved 22 123 Assignment of Development Rights 23 124 Transfer of Development Rights by Foreclosure 23 125 Development of Property 23
ARTICLE 13 Special Declarant Rights ~ 23
13l middot Use for Sale Purposes 23
132 Signs and Marketing middot 23
13 3 Control of the Association 23 middot 134 Declarants Personal Property 24 135 Right to Amend Documents 24
ARTICLE 14 Duration Amendment and Termination 25 141 Duration middot 25 142 Amendment 25 143 Termination 25
ARTICLE 15 Sign for the Subdivision 26 151 Sign 26
ARTICLE 16 Miscellaneous 26 16l No Reverter 26 162 Notices 26 163 Construction 26 164 Invalidity 26 165 Headings 26
166 Gender 26
167 Conflict 26
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DECLARATION OF COVENANTS CONDlTIONS RESTRICTIONS AND RESERVATION OF EASEMENTS
FOR MORNINGSIDE AT MARTINS RUN HOMEOWNERS ASSOCIATION INC
Declarant Oster Construction Inc an Ohio corporation is the owner of certain real estate in the City of Lorain Lorain County Ohio described in Exhibit 11A 11
attached hereto and incorporated herein (hereinafter referred to as 11Property11
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Declarant hereby declares that the Property shall be held sold and conveyed subject to the covenants conditions restrictions and reservation of easements herein which are for the purpose of protecting the value and desirability of and which shall run with the Property submittedmiddot hereunder or which may subsequently be added and shall be binding on all parties having any right title or interest in the Property its successors and assigns and shall inure to the benefit of each owner thereof
Declarant hereby declares that the Property as hereinafter defined shall be operated as housing for older persons in compliance with the Fair Housing Act (42 USC 3601 et seq) as may be amended from time to time The Board of Directors shall publish and adhere to policies and procedures which demonstrate the intent to provide housing for persons fifty-five (55) years of age and older including but not limited to reliable surveys and affidavits for verification for occupancy By acceptance of a deed to a Lot or a Unit Owners agree that they will cooperate with the Board of Directors in all reasonable ways in this regard and will furnish the Board with such information as necessary in connection with the Boards completion of such surveys and affidavits and that they shall comply with Article 92 herein in all respects
ARTICLE 1 DEFINITIONS
11 Additional Land Additional Land means the property described in Exhibit 11B11 which may be made subject to this Declaration pursuant to Article 121
12 Allocated Interests Allocated Interests means the Common Expense Liability and votes in the Association as set forth in Article 3
13 Assessments Assessments means those charges upon the Lots and Units established by Article 7 of this Declaration
14 Association 11Association11 means Morningside at Martins Run Homeowners Association Inc an Ohio nonprofit corporation its successors and assigns Except as the
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context otherwise requires Association shall mean the Board of Directors acting on behalf of the Association middot
) 15 Board Board shall mean the Board of Directors of the Association 16 Builder Builder means any person or entity (including Declarant) who erects a Dwelling Unit on the Property
17 City City means the City of Lorain Ohio
18 Declarant 11 Declarant11 means Oster Construction Inc an Ohio corporation its successors and assigns
19 Declaration Declaration means this Declaration of Covenants Conditions Restrictions and Reservation of Easements for Morningside at Martins Run Homeowners Associ~tion Inc including any amendments hereto
110 Detention andor Retention Areas Detention andor Retention Areas are areas within the Morningside Common Areas and the Single Family Common Areas which are used for storm water overflow andor retention
111 Development Development or Morningside Development means the development known as Morningside at Martins Run Lorain Ohio and includes and shall include the real estate described in Exhibit A and other real estate hereafter made subject ot the terms of this Declaration pursuant to Article 121
112 Dwelling Unit Dwelling Unit means a building situated on the Properties designed and intended for use and occupancy as a single family residence and also a Condominium Unit located in the Condominium Project to be developed and constructed by the Declarant or Builder
113 Lot Lot means the physical portion of the Property designated for separate ownership or occupancy the boundaries of which are described in Article 21 of this Declaration
114 Member Member means any person or entity entitled to membership in the Association as provided herein
115 Morningside Amenities Morningside Amenities means the amenities which are to be installed andor constructed by Declarant within the Morningside Common Areas which all Owners shall be entitled to use and enjoy as contemplated herein The Morningside Amenities shall include an approximate 13280 square foot clubhouse with locker rooms billiard room indoor pool business center weight and aerobic room and a kitchen and also outdoor amenities including a tennis court putting green pool walking trails bocci ball courts horseshoe Pits pavillon picnic areas and other amenities and fa~il~which may be installed by the Declarant all of which may be used by the Owners The cost of the use and operation of these amenities
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will be covered by the Assessments payable by Owners pursuant to Article 73 No other charge for such use will be payable by Owners provided that the Ownets shall (i) be responsible to provide their own racquets clubs balls and other items and equipment necessary to utilize said amenities and facilities (ii) pay any direct costs associated with their use of these amenities and facilities such as copy charges and long distance telephone charges and (iii) pay any middotcosts payable to third parties in connection with the Owners use of the amenities and facilities or with respect to the Owners participation in programs lessons activities or courses offered by outside sourc~s such as aerobics courses swinming lessons or classes of any nature I_l~MQrningsid~ Amemt1es also mcludemiddot other areas which may be used by the Owners for a feethose-~ing gardens recreational vehicle parking areas and the use of the clubhouse banquet facility for special functions and events middot
116 middot Morningside Common Areas The 11Momingside Common Areas 11 shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Development Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retention Areas and Wetland Areasmiddot wherever located including those located in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities and easements in favor of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Condominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all members of the Association
117 Morningside Common Expense Liability 1Morningside Common Expense Liability means the liability for Common Expenses for the Morningside Common Areas and shall be allocated equally to each Dwelling Unit pursuant to Article 3 of this Declaration
118 Common Expenses for Morningside Common Areas Common Expenses for Morninside Common Areas 11 means expenditures made by or financial liabilities of the Association togethermiddot with any allocations to reserves for the maintenance upkeep repair andor replacement of the Morningside Common Areas including payment of taxes and insurance relating to the Morningside Common Areas and also including maintenance repair and replacement of Signs and Signage
119 Occupant 11 0ccupant11 means any person in possession of a Lot or Dwelling Unit whether or not such possession is lawful and shall include but not be limited to an Owners family members guests invitees tenants and lessees
120 Owner 11 0wner11 means the Declarant or other perspn-or entity who owns a Lot or a Unit but does not indude aperson or entity having an interest in a Lot solely as security for an
obligation
A1121 Property 11Property1 or rrproperties 11 meal)s the real estate described in Exhibit 11
attached hereto and made a part hereof and the Additional Land if and when it is made subject to
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this Declaration
) 122 Record Plat Record Plat means any record plat for any phase of the Morningside Development or the Additional Land
123 Signs and Signage Signs and Signage means the Morningside at Martins Run identification signs and associated structures appurtenances and landscaping which shall hereafter be installed on any Lot andor in the Morningside Common Areas
124 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all Owners of single family homes in the Morningside Development middot middot
125 Single Family Common Expense Liability Single Family Common Expense Liability means the liability for Common Expenses for Single Family Common Areas plus the liability to pay expenses for snow plowing and lawn mowing as described in Articles 8 1 and 8 3 and shall be allocated equally to the Owners of each Lot in the single family subdivisions pursuant to Article 3 of this Declaration
126 Common Expenses for Single Family Common Areas 11 Common Expenses for Single Family Common Areas means expenditures made by and financial liabilities of the Association together with any allocations to reserves for the maintenance upkeep repair andor
) replacement of the Single Family Common Areas including payment of taxes and insurance relating to the Single Family Common Areas and also including expenses for snow plowing and lawn mowing as described in Articles 81and83
127 Surface Water Management System Surface Water Management System shall mean the system designed for the Property by the Declarant for storm water soil erosion and sediment control Such system shall include all existing watercourses ditches drainage easements detention areas and swales located in the Property some of which are shown on the Record Plat
128 middotUnit Unit or Condominium Unitmeans a condominium unit to be located in one of the condominium buildings to be hereafter constructed by Declarant or Builder on that part of the Property which is designated for condominium ownership (the Condominium Property) and shall consist of boundaries which are to be more precisely defined by a condominium declaration (Condominium Declaration) for the condominium project (Condominium Project) and which will also be shown on drawings which will accompany the Condominium Declaration at the time it is recorded The Condominium Project shall be located on that part of the Property shoWn as being designated as condominium property in the overall plan for Morningside at Martins Run a copy of which plan is attached hereto and made a part hereof as Exhibit C
129 Wetland Areas Wetland Areas are those areas within the Common Areas designated as such or as conservation easements on the Record Plat
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ARrCLE2 LOTS AND UNITS
21 Description of Lot Boundaries The boundaries of the Lots shall be as set forth on the Record Plat
22 Unit Boundaries The Unit boundaries shall be more definitively set forth in the Condominium Declaration and any amendments thereto to be filed and also in the drawings which shall accompany the Condominium Declaration and its amendments
ARTICLE3 ALLOCATION OF ALLOCATED INTERESTS
31 Common Expense Liability The allocation of Allocated Interests for Common Expense Liability for the Morningside Common Areas and the Single Family Common Areas shall be determined in accordance with the allocation of the various assessments as set forth in Article 7
32 Votes in the Association The allocation of Allocated Interests for voting purposes shall be one vote per Lot and one vote per Unit
ARTICLE4 COMMON AREAS AND EASEMENTS
41 Morningside Common Areas The Morningside Common Areas shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Developmentmiddot Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retentlon Areas and Wetland Areas wherever located including those lo~ated in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities middot and easements in favormiddot of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Copdominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be
shared equally by all members of the Association middot
42 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions
43 Easements The Lots the Condoinirtiuni Property and the Units and the Morningside Common Areas and the Single Family Common Areas (sometimes collectively referred to as the Common Areas) shall be subject to certain easements These easements shall be appurtenant
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43l Enjoyment The Common Areas Lots and common elements of the Condominium Property which consist of streets and sidewalks shall be subject to an easement of enjoyment in favormiddotofthe Lots the Units and the Owners Such easement shall be limited to the purposes for which the easements are created
432 Drainage The Lots and the Condomillium Property shall be subject to easements in favor of the Lots and Condominium Property benefitted for Surface Water Management as further defined in Article 5 No Owner shall do anything within or outside a Lot or on the Condominium Property which shall unreasonably increase or restrict the flow of surface water
433 Utilities The Lots Common Areas and the Condominium Property shall be subject to easements in favor of Owners and utility companies for the purpose of installing operating maintaining and servicing pole lines cables and conduits for utility services and cable television The character of the installation and structures which may be constructed reconstructed removed and maintained in on and through these easements shall include but not be limited to all incidental appurtenances such as guys conduits poles anchors transformers par mount transformers handholes etc Said easement right shall include the right without liability therefore to remove trees and landscaping including lawns within said easements premises which may interfere with the installation maintenance repair or operation of said utility facilities and with right of access ingress to and from any of the within premises for exercising and of the purpose of this right of way and easement grant
434 The City of Lorain and Other Persons A non-exclusive easement is granted to the City and to all police fire and other emergency personnel ambulance operators delivery garbage and trash removal personnel and to all similar persons and to the local governmental authorities but not to the public in general to enter upon the Common Areas the Condominium Property and the Surface Water Management System in the performance of their duties
44 Development Rights The Common Areas and the Condominium Property shall be subject to certain easements and development rights in favor of the Declarant as set forth in Article 12
45 Owners Delegation Rights Any Owner may delegate his or her easement rights and rights of enjoyment to the Common Areas to any Occupants and any guests invitees tenants or lessees thereof Any Owner who has leased his or her Lot or Unit shall be deemed to have delegated such rights Any such delegation however shall be in accordance with and subject to reasonable rules regulations and limitation as may be adopted by the Association in accordance with its Code of Regulations and shall also comply with the policies and procedures of the
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Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
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633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
I
~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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ARTICLE3 Allocation of Allocated Interests 5 78 Computation and Payment of General Assessment for Single
Family Common Areas 11 79 Maximum Assessm~nt for Morningside Common Areas (All
Owners) 12
710 Maximum Assessment for Single Family Common Areas (All Ownersexcept Owners of Condominium Units) 12
711 Allocation of Assessments 12
712 Separate Budgets for Morningside Common Areas and Single family Common Areas 13
713 Lien for Assessments 13 714 Remedies Cumulative 14 715 middotPersonal Obligation 14 716 Statement of Unpaid Assessments 14 717 No Waiver of Liability for Common Expenses 14 718 Loan 15 719 Circumstances under which Declarant and Builder are
Responsible to Pay Assessments 15
ARTICLE 8 Upkeep of the Property 15 81 LotslJnits 15 82 Common Areas 15
83 Driveways streets sidewalks etc 15
84 Associations Right to Maintain 15
85 Access to Lots and the Condominium Property 15
ARTICLE9 Restrictions 16
91 Use and Occupancy 16
92 Age Restrictions 18
93 Architectural Restrictions 18
94 Remedies for Breach of Covenants and Restrictions ~ 21
ARTICLE 10 Insurance and middotcasualty Losses 21
10l Insurance 21
102 Repair and Restoration ~ 22
ARTICLE 11 Condemnation 22
111 Condemnation 22
ARTICLE 12 Development Rights 22
111
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( ARTICLE3 Allocation of Allocated Interests 5
121 Submission of Additional Land 22 122 Easements Reserved 22 123 Assignment of Development Rights 23 124 Transfer of Development Rights by Foreclosure 23 125 Development of Property 23
ARTICLE 13 Special Declarant Rights ~ 23
13l middot Use for Sale Purposes 23
132 Signs and Marketing middot 23
13 3 Control of the Association 23 middot 134 Declarants Personal Property 24 135 Right to Amend Documents 24
ARTICLE 14 Duration Amendment and Termination 25 141 Duration middot 25 142 Amendment 25 143 Termination 25
ARTICLE 15 Sign for the Subdivision 26 151 Sign 26
ARTICLE 16 Miscellaneous 26 16l No Reverter 26 162 Notices 26 163 Construction 26 164 Invalidity 26 165 Headings 26
166 Gender 26
167 Conflict 26
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DECLARATION OF COVENANTS CONDlTIONS RESTRICTIONS AND RESERVATION OF EASEMENTS
FOR MORNINGSIDE AT MARTINS RUN HOMEOWNERS ASSOCIATION INC
Declarant Oster Construction Inc an Ohio corporation is the owner of certain real estate in the City of Lorain Lorain County Ohio described in Exhibit 11A 11
attached hereto and incorporated herein (hereinafter referred to as 11Property11
)
Declarant hereby declares that the Property shall be held sold and conveyed subject to the covenants conditions restrictions and reservation of easements herein which are for the purpose of protecting the value and desirability of and which shall run with the Property submittedmiddot hereunder or which may subsequently be added and shall be binding on all parties having any right title or interest in the Property its successors and assigns and shall inure to the benefit of each owner thereof
Declarant hereby declares that the Property as hereinafter defined shall be operated as housing for older persons in compliance with the Fair Housing Act (42 USC 3601 et seq) as may be amended from time to time The Board of Directors shall publish and adhere to policies and procedures which demonstrate the intent to provide housing for persons fifty-five (55) years of age and older including but not limited to reliable surveys and affidavits for verification for occupancy By acceptance of a deed to a Lot or a Unit Owners agree that they will cooperate with the Board of Directors in all reasonable ways in this regard and will furnish the Board with such information as necessary in connection with the Boards completion of such surveys and affidavits and that they shall comply with Article 92 herein in all respects
ARTICLE 1 DEFINITIONS
11 Additional Land Additional Land means the property described in Exhibit 11B11 which may be made subject to this Declaration pursuant to Article 121
12 Allocated Interests Allocated Interests means the Common Expense Liability and votes in the Association as set forth in Article 3
13 Assessments Assessments means those charges upon the Lots and Units established by Article 7 of this Declaration
14 Association 11Association11 means Morningside at Martins Run Homeowners Association Inc an Ohio nonprofit corporation its successors and assigns Except as the
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context otherwise requires Association shall mean the Board of Directors acting on behalf of the Association middot
) 15 Board Board shall mean the Board of Directors of the Association 16 Builder Builder means any person or entity (including Declarant) who erects a Dwelling Unit on the Property
17 City City means the City of Lorain Ohio
18 Declarant 11 Declarant11 means Oster Construction Inc an Ohio corporation its successors and assigns
19 Declaration Declaration means this Declaration of Covenants Conditions Restrictions and Reservation of Easements for Morningside at Martins Run Homeowners Associ~tion Inc including any amendments hereto
110 Detention andor Retention Areas Detention andor Retention Areas are areas within the Morningside Common Areas and the Single Family Common Areas which are used for storm water overflow andor retention
111 Development Development or Morningside Development means the development known as Morningside at Martins Run Lorain Ohio and includes and shall include the real estate described in Exhibit A and other real estate hereafter made subject ot the terms of this Declaration pursuant to Article 121
112 Dwelling Unit Dwelling Unit means a building situated on the Properties designed and intended for use and occupancy as a single family residence and also a Condominium Unit located in the Condominium Project to be developed and constructed by the Declarant or Builder
113 Lot Lot means the physical portion of the Property designated for separate ownership or occupancy the boundaries of which are described in Article 21 of this Declaration
114 Member Member means any person or entity entitled to membership in the Association as provided herein
115 Morningside Amenities Morningside Amenities means the amenities which are to be installed andor constructed by Declarant within the Morningside Common Areas which all Owners shall be entitled to use and enjoy as contemplated herein The Morningside Amenities shall include an approximate 13280 square foot clubhouse with locker rooms billiard room indoor pool business center weight and aerobic room and a kitchen and also outdoor amenities including a tennis court putting green pool walking trails bocci ball courts horseshoe Pits pavillon picnic areas and other amenities and fa~il~which may be installed by the Declarant all of which may be used by the Owners The cost of the use and operation of these amenities
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will be covered by the Assessments payable by Owners pursuant to Article 73 No other charge for such use will be payable by Owners provided that the Ownets shall (i) be responsible to provide their own racquets clubs balls and other items and equipment necessary to utilize said amenities and facilities (ii) pay any direct costs associated with their use of these amenities and facilities such as copy charges and long distance telephone charges and (iii) pay any middotcosts payable to third parties in connection with the Owners use of the amenities and facilities or with respect to the Owners participation in programs lessons activities or courses offered by outside sourc~s such as aerobics courses swinming lessons or classes of any nature I_l~MQrningsid~ Amemt1es also mcludemiddot other areas which may be used by the Owners for a feethose-~ing gardens recreational vehicle parking areas and the use of the clubhouse banquet facility for special functions and events middot
116 middot Morningside Common Areas The 11Momingside Common Areas 11 shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Development Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retention Areas and Wetland Areasmiddot wherever located including those located in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities and easements in favor of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Condominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all members of the Association
117 Morningside Common Expense Liability 1Morningside Common Expense Liability means the liability for Common Expenses for the Morningside Common Areas and shall be allocated equally to each Dwelling Unit pursuant to Article 3 of this Declaration
118 Common Expenses for Morningside Common Areas Common Expenses for Morninside Common Areas 11 means expenditures made by or financial liabilities of the Association togethermiddot with any allocations to reserves for the maintenance upkeep repair andor replacement of the Morningside Common Areas including payment of taxes and insurance relating to the Morningside Common Areas and also including maintenance repair and replacement of Signs and Signage
119 Occupant 11 0ccupant11 means any person in possession of a Lot or Dwelling Unit whether or not such possession is lawful and shall include but not be limited to an Owners family members guests invitees tenants and lessees
120 Owner 11 0wner11 means the Declarant or other perspn-or entity who owns a Lot or a Unit but does not indude aperson or entity having an interest in a Lot solely as security for an
obligation
A1121 Property 11Property1 or rrproperties 11 meal)s the real estate described in Exhibit 11
attached hereto and made a part hereof and the Additional Land if and when it is made subject to
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this Declaration
) 122 Record Plat Record Plat means any record plat for any phase of the Morningside Development or the Additional Land
123 Signs and Signage Signs and Signage means the Morningside at Martins Run identification signs and associated structures appurtenances and landscaping which shall hereafter be installed on any Lot andor in the Morningside Common Areas
124 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all Owners of single family homes in the Morningside Development middot middot
125 Single Family Common Expense Liability Single Family Common Expense Liability means the liability for Common Expenses for Single Family Common Areas plus the liability to pay expenses for snow plowing and lawn mowing as described in Articles 8 1 and 8 3 and shall be allocated equally to the Owners of each Lot in the single family subdivisions pursuant to Article 3 of this Declaration
126 Common Expenses for Single Family Common Areas 11 Common Expenses for Single Family Common Areas means expenditures made by and financial liabilities of the Association together with any allocations to reserves for the maintenance upkeep repair andor
) replacement of the Single Family Common Areas including payment of taxes and insurance relating to the Single Family Common Areas and also including expenses for snow plowing and lawn mowing as described in Articles 81and83
127 Surface Water Management System Surface Water Management System shall mean the system designed for the Property by the Declarant for storm water soil erosion and sediment control Such system shall include all existing watercourses ditches drainage easements detention areas and swales located in the Property some of which are shown on the Record Plat
128 middotUnit Unit or Condominium Unitmeans a condominium unit to be located in one of the condominium buildings to be hereafter constructed by Declarant or Builder on that part of the Property which is designated for condominium ownership (the Condominium Property) and shall consist of boundaries which are to be more precisely defined by a condominium declaration (Condominium Declaration) for the condominium project (Condominium Project) and which will also be shown on drawings which will accompany the Condominium Declaration at the time it is recorded The Condominium Project shall be located on that part of the Property shoWn as being designated as condominium property in the overall plan for Morningside at Martins Run a copy of which plan is attached hereto and made a part hereof as Exhibit C
129 Wetland Areas Wetland Areas are those areas within the Common Areas designated as such or as conservation easements on the Record Plat
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ARrCLE2 LOTS AND UNITS
21 Description of Lot Boundaries The boundaries of the Lots shall be as set forth on the Record Plat
22 Unit Boundaries The Unit boundaries shall be more definitively set forth in the Condominium Declaration and any amendments thereto to be filed and also in the drawings which shall accompany the Condominium Declaration and its amendments
ARTICLE3 ALLOCATION OF ALLOCATED INTERESTS
31 Common Expense Liability The allocation of Allocated Interests for Common Expense Liability for the Morningside Common Areas and the Single Family Common Areas shall be determined in accordance with the allocation of the various assessments as set forth in Article 7
32 Votes in the Association The allocation of Allocated Interests for voting purposes shall be one vote per Lot and one vote per Unit
ARTICLE4 COMMON AREAS AND EASEMENTS
41 Morningside Common Areas The Morningside Common Areas shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Developmentmiddot Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retentlon Areas and Wetland Areas wherever located including those lo~ated in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities middot and easements in favormiddot of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Copdominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be
shared equally by all members of the Association middot
42 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions
43 Easements The Lots the Condoinirtiuni Property and the Units and the Morningside Common Areas and the Single Family Common Areas (sometimes collectively referred to as the Common Areas) shall be subject to certain easements These easements shall be appurtenant
) middot to and pass with the title to the Lots and the Units middot
43l Enjoyment The Common Areas Lots and common elements of the Condominium Property which consist of streets and sidewalks shall be subject to an easement of enjoyment in favormiddotofthe Lots the Units and the Owners Such easement shall be limited to the purposes for which the easements are created
432 Drainage The Lots and the Condomillium Property shall be subject to easements in favor of the Lots and Condominium Property benefitted for Surface Water Management as further defined in Article 5 No Owner shall do anything within or outside a Lot or on the Condominium Property which shall unreasonably increase or restrict the flow of surface water
433 Utilities The Lots Common Areas and the Condominium Property shall be subject to easements in favor of Owners and utility companies for the purpose of installing operating maintaining and servicing pole lines cables and conduits for utility services and cable television The character of the installation and structures which may be constructed reconstructed removed and maintained in on and through these easements shall include but not be limited to all incidental appurtenances such as guys conduits poles anchors transformers par mount transformers handholes etc Said easement right shall include the right without liability therefore to remove trees and landscaping including lawns within said easements premises which may interfere with the installation maintenance repair or operation of said utility facilities and with right of access ingress to and from any of the within premises for exercising and of the purpose of this right of way and easement grant
434 The City of Lorain and Other Persons A non-exclusive easement is granted to the City and to all police fire and other emergency personnel ambulance operators delivery garbage and trash removal personnel and to all similar persons and to the local governmental authorities but not to the public in general to enter upon the Common Areas the Condominium Property and the Surface Water Management System in the performance of their duties
44 Development Rights The Common Areas and the Condominium Property shall be subject to certain easements and development rights in favor of the Declarant as set forth in Article 12
45 Owners Delegation Rights Any Owner may delegate his or her easement rights and rights of enjoyment to the Common Areas to any Occupants and any guests invitees tenants or lessees thereof Any Owner who has leased his or her Lot or Unit shall be deemed to have delegated such rights Any such delegation however shall be in accordance with and subject to reasonable rules regulations and limitation as may be adopted by the Association in accordance with its Code of Regulations and shall also comply with the policies and procedures of the
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Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
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633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
865
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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( ARTICLE3 Allocation of Allocated Interests 5
121 Submission of Additional Land 22 122 Easements Reserved 22 123 Assignment of Development Rights 23 124 Transfer of Development Rights by Foreclosure 23 125 Development of Property 23
ARTICLE 13 Special Declarant Rights ~ 23
13l middot Use for Sale Purposes 23
132 Signs and Marketing middot 23
13 3 Control of the Association 23 middot 134 Declarants Personal Property 24 135 Right to Amend Documents 24
ARTICLE 14 Duration Amendment and Termination 25 141 Duration middot 25 142 Amendment 25 143 Termination 25
ARTICLE 15 Sign for the Subdivision 26 151 Sign 26
ARTICLE 16 Miscellaneous 26 16l No Reverter 26 162 Notices 26 163 Construction 26 164 Invalidity 26 165 Headings 26
166 Gender 26
167 Conflict 26
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DECLARATION OF COVENANTS CONDlTIONS RESTRICTIONS AND RESERVATION OF EASEMENTS
FOR MORNINGSIDE AT MARTINS RUN HOMEOWNERS ASSOCIATION INC
Declarant Oster Construction Inc an Ohio corporation is the owner of certain real estate in the City of Lorain Lorain County Ohio described in Exhibit 11A 11
attached hereto and incorporated herein (hereinafter referred to as 11Property11
)
Declarant hereby declares that the Property shall be held sold and conveyed subject to the covenants conditions restrictions and reservation of easements herein which are for the purpose of protecting the value and desirability of and which shall run with the Property submittedmiddot hereunder or which may subsequently be added and shall be binding on all parties having any right title or interest in the Property its successors and assigns and shall inure to the benefit of each owner thereof
Declarant hereby declares that the Property as hereinafter defined shall be operated as housing for older persons in compliance with the Fair Housing Act (42 USC 3601 et seq) as may be amended from time to time The Board of Directors shall publish and adhere to policies and procedures which demonstrate the intent to provide housing for persons fifty-five (55) years of age and older including but not limited to reliable surveys and affidavits for verification for occupancy By acceptance of a deed to a Lot or a Unit Owners agree that they will cooperate with the Board of Directors in all reasonable ways in this regard and will furnish the Board with such information as necessary in connection with the Boards completion of such surveys and affidavits and that they shall comply with Article 92 herein in all respects
ARTICLE 1 DEFINITIONS
11 Additional Land Additional Land means the property described in Exhibit 11B11 which may be made subject to this Declaration pursuant to Article 121
12 Allocated Interests Allocated Interests means the Common Expense Liability and votes in the Association as set forth in Article 3
13 Assessments Assessments means those charges upon the Lots and Units established by Article 7 of this Declaration
14 Association 11Association11 means Morningside at Martins Run Homeowners Association Inc an Ohio nonprofit corporation its successors and assigns Except as the
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context otherwise requires Association shall mean the Board of Directors acting on behalf of the Association middot
) 15 Board Board shall mean the Board of Directors of the Association 16 Builder Builder means any person or entity (including Declarant) who erects a Dwelling Unit on the Property
17 City City means the City of Lorain Ohio
18 Declarant 11 Declarant11 means Oster Construction Inc an Ohio corporation its successors and assigns
19 Declaration Declaration means this Declaration of Covenants Conditions Restrictions and Reservation of Easements for Morningside at Martins Run Homeowners Associ~tion Inc including any amendments hereto
110 Detention andor Retention Areas Detention andor Retention Areas are areas within the Morningside Common Areas and the Single Family Common Areas which are used for storm water overflow andor retention
111 Development Development or Morningside Development means the development known as Morningside at Martins Run Lorain Ohio and includes and shall include the real estate described in Exhibit A and other real estate hereafter made subject ot the terms of this Declaration pursuant to Article 121
112 Dwelling Unit Dwelling Unit means a building situated on the Properties designed and intended for use and occupancy as a single family residence and also a Condominium Unit located in the Condominium Project to be developed and constructed by the Declarant or Builder
113 Lot Lot means the physical portion of the Property designated for separate ownership or occupancy the boundaries of which are described in Article 21 of this Declaration
114 Member Member means any person or entity entitled to membership in the Association as provided herein
115 Morningside Amenities Morningside Amenities means the amenities which are to be installed andor constructed by Declarant within the Morningside Common Areas which all Owners shall be entitled to use and enjoy as contemplated herein The Morningside Amenities shall include an approximate 13280 square foot clubhouse with locker rooms billiard room indoor pool business center weight and aerobic room and a kitchen and also outdoor amenities including a tennis court putting green pool walking trails bocci ball courts horseshoe Pits pavillon picnic areas and other amenities and fa~il~which may be installed by the Declarant all of which may be used by the Owners The cost of the use and operation of these amenities
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will be covered by the Assessments payable by Owners pursuant to Article 73 No other charge for such use will be payable by Owners provided that the Ownets shall (i) be responsible to provide their own racquets clubs balls and other items and equipment necessary to utilize said amenities and facilities (ii) pay any direct costs associated with their use of these amenities and facilities such as copy charges and long distance telephone charges and (iii) pay any middotcosts payable to third parties in connection with the Owners use of the amenities and facilities or with respect to the Owners participation in programs lessons activities or courses offered by outside sourc~s such as aerobics courses swinming lessons or classes of any nature I_l~MQrningsid~ Amemt1es also mcludemiddot other areas which may be used by the Owners for a feethose-~ing gardens recreational vehicle parking areas and the use of the clubhouse banquet facility for special functions and events middot
116 middot Morningside Common Areas The 11Momingside Common Areas 11 shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Development Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retention Areas and Wetland Areasmiddot wherever located including those located in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities and easements in favor of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Condominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all members of the Association
117 Morningside Common Expense Liability 1Morningside Common Expense Liability means the liability for Common Expenses for the Morningside Common Areas and shall be allocated equally to each Dwelling Unit pursuant to Article 3 of this Declaration
118 Common Expenses for Morningside Common Areas Common Expenses for Morninside Common Areas 11 means expenditures made by or financial liabilities of the Association togethermiddot with any allocations to reserves for the maintenance upkeep repair andor replacement of the Morningside Common Areas including payment of taxes and insurance relating to the Morningside Common Areas and also including maintenance repair and replacement of Signs and Signage
119 Occupant 11 0ccupant11 means any person in possession of a Lot or Dwelling Unit whether or not such possession is lawful and shall include but not be limited to an Owners family members guests invitees tenants and lessees
120 Owner 11 0wner11 means the Declarant or other perspn-or entity who owns a Lot or a Unit but does not indude aperson or entity having an interest in a Lot solely as security for an
obligation
A1121 Property 11Property1 or rrproperties 11 meal)s the real estate described in Exhibit 11
attached hereto and made a part hereof and the Additional Land if and when it is made subject to
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this Declaration
) 122 Record Plat Record Plat means any record plat for any phase of the Morningside Development or the Additional Land
123 Signs and Signage Signs and Signage means the Morningside at Martins Run identification signs and associated structures appurtenances and landscaping which shall hereafter be installed on any Lot andor in the Morningside Common Areas
124 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all Owners of single family homes in the Morningside Development middot middot
125 Single Family Common Expense Liability Single Family Common Expense Liability means the liability for Common Expenses for Single Family Common Areas plus the liability to pay expenses for snow plowing and lawn mowing as described in Articles 8 1 and 8 3 and shall be allocated equally to the Owners of each Lot in the single family subdivisions pursuant to Article 3 of this Declaration
126 Common Expenses for Single Family Common Areas 11 Common Expenses for Single Family Common Areas means expenditures made by and financial liabilities of the Association together with any allocations to reserves for the maintenance upkeep repair andor
) replacement of the Single Family Common Areas including payment of taxes and insurance relating to the Single Family Common Areas and also including expenses for snow plowing and lawn mowing as described in Articles 81and83
127 Surface Water Management System Surface Water Management System shall mean the system designed for the Property by the Declarant for storm water soil erosion and sediment control Such system shall include all existing watercourses ditches drainage easements detention areas and swales located in the Property some of which are shown on the Record Plat
128 middotUnit Unit or Condominium Unitmeans a condominium unit to be located in one of the condominium buildings to be hereafter constructed by Declarant or Builder on that part of the Property which is designated for condominium ownership (the Condominium Property) and shall consist of boundaries which are to be more precisely defined by a condominium declaration (Condominium Declaration) for the condominium project (Condominium Project) and which will also be shown on drawings which will accompany the Condominium Declaration at the time it is recorded The Condominium Project shall be located on that part of the Property shoWn as being designated as condominium property in the overall plan for Morningside at Martins Run a copy of which plan is attached hereto and made a part hereof as Exhibit C
129 Wetland Areas Wetland Areas are those areas within the Common Areas designated as such or as conservation easements on the Record Plat
)
ARrCLE2 LOTS AND UNITS
21 Description of Lot Boundaries The boundaries of the Lots shall be as set forth on the Record Plat
22 Unit Boundaries The Unit boundaries shall be more definitively set forth in the Condominium Declaration and any amendments thereto to be filed and also in the drawings which shall accompany the Condominium Declaration and its amendments
ARTICLE3 ALLOCATION OF ALLOCATED INTERESTS
31 Common Expense Liability The allocation of Allocated Interests for Common Expense Liability for the Morningside Common Areas and the Single Family Common Areas shall be determined in accordance with the allocation of the various assessments as set forth in Article 7
32 Votes in the Association The allocation of Allocated Interests for voting purposes shall be one vote per Lot and one vote per Unit
ARTICLE4 COMMON AREAS AND EASEMENTS
41 Morningside Common Areas The Morningside Common Areas shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Developmentmiddot Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retentlon Areas and Wetland Areas wherever located including those lo~ated in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities middot and easements in favormiddot of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Copdominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be
shared equally by all members of the Association middot
42 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions
43 Easements The Lots the Condoinirtiuni Property and the Units and the Morningside Common Areas and the Single Family Common Areas (sometimes collectively referred to as the Common Areas) shall be subject to certain easements These easements shall be appurtenant
) middot to and pass with the title to the Lots and the Units middot
43l Enjoyment The Common Areas Lots and common elements of the Condominium Property which consist of streets and sidewalks shall be subject to an easement of enjoyment in favormiddotofthe Lots the Units and the Owners Such easement shall be limited to the purposes for which the easements are created
432 Drainage The Lots and the Condomillium Property shall be subject to easements in favor of the Lots and Condominium Property benefitted for Surface Water Management as further defined in Article 5 No Owner shall do anything within or outside a Lot or on the Condominium Property which shall unreasonably increase or restrict the flow of surface water
433 Utilities The Lots Common Areas and the Condominium Property shall be subject to easements in favor of Owners and utility companies for the purpose of installing operating maintaining and servicing pole lines cables and conduits for utility services and cable television The character of the installation and structures which may be constructed reconstructed removed and maintained in on and through these easements shall include but not be limited to all incidental appurtenances such as guys conduits poles anchors transformers par mount transformers handholes etc Said easement right shall include the right without liability therefore to remove trees and landscaping including lawns within said easements premises which may interfere with the installation maintenance repair or operation of said utility facilities and with right of access ingress to and from any of the within premises for exercising and of the purpose of this right of way and easement grant
434 The City of Lorain and Other Persons A non-exclusive easement is granted to the City and to all police fire and other emergency personnel ambulance operators delivery garbage and trash removal personnel and to all similar persons and to the local governmental authorities but not to the public in general to enter upon the Common Areas the Condominium Property and the Surface Water Management System in the performance of their duties
44 Development Rights The Common Areas and the Condominium Property shall be subject to certain easements and development rights in favor of the Declarant as set forth in Article 12
45 Owners Delegation Rights Any Owner may delegate his or her easement rights and rights of enjoyment to the Common Areas to any Occupants and any guests invitees tenants or lessees thereof Any Owner who has leased his or her Lot or Unit shall be deemed to have delegated such rights Any such delegation however shall be in accordance with and subject to reasonable rules regulations and limitation as may be adopted by the Association in accordance with its Code of Regulations and shall also comply with the policies and procedures of the
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Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
)
633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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DECLARATION OF COVENANTS CONDlTIONS RESTRICTIONS AND RESERVATION OF EASEMENTS
FOR MORNINGSIDE AT MARTINS RUN HOMEOWNERS ASSOCIATION INC
Declarant Oster Construction Inc an Ohio corporation is the owner of certain real estate in the City of Lorain Lorain County Ohio described in Exhibit 11A 11
attached hereto and incorporated herein (hereinafter referred to as 11Property11
)
Declarant hereby declares that the Property shall be held sold and conveyed subject to the covenants conditions restrictions and reservation of easements herein which are for the purpose of protecting the value and desirability of and which shall run with the Property submittedmiddot hereunder or which may subsequently be added and shall be binding on all parties having any right title or interest in the Property its successors and assigns and shall inure to the benefit of each owner thereof
Declarant hereby declares that the Property as hereinafter defined shall be operated as housing for older persons in compliance with the Fair Housing Act (42 USC 3601 et seq) as may be amended from time to time The Board of Directors shall publish and adhere to policies and procedures which demonstrate the intent to provide housing for persons fifty-five (55) years of age and older including but not limited to reliable surveys and affidavits for verification for occupancy By acceptance of a deed to a Lot or a Unit Owners agree that they will cooperate with the Board of Directors in all reasonable ways in this regard and will furnish the Board with such information as necessary in connection with the Boards completion of such surveys and affidavits and that they shall comply with Article 92 herein in all respects
ARTICLE 1 DEFINITIONS
11 Additional Land Additional Land means the property described in Exhibit 11B11 which may be made subject to this Declaration pursuant to Article 121
12 Allocated Interests Allocated Interests means the Common Expense Liability and votes in the Association as set forth in Article 3
13 Assessments Assessments means those charges upon the Lots and Units established by Article 7 of this Declaration
14 Association 11Association11 means Morningside at Martins Run Homeowners Association Inc an Ohio nonprofit corporation its successors and assigns Except as the
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context otherwise requires Association shall mean the Board of Directors acting on behalf of the Association middot
) 15 Board Board shall mean the Board of Directors of the Association 16 Builder Builder means any person or entity (including Declarant) who erects a Dwelling Unit on the Property
17 City City means the City of Lorain Ohio
18 Declarant 11 Declarant11 means Oster Construction Inc an Ohio corporation its successors and assigns
19 Declaration Declaration means this Declaration of Covenants Conditions Restrictions and Reservation of Easements for Morningside at Martins Run Homeowners Associ~tion Inc including any amendments hereto
110 Detention andor Retention Areas Detention andor Retention Areas are areas within the Morningside Common Areas and the Single Family Common Areas which are used for storm water overflow andor retention
111 Development Development or Morningside Development means the development known as Morningside at Martins Run Lorain Ohio and includes and shall include the real estate described in Exhibit A and other real estate hereafter made subject ot the terms of this Declaration pursuant to Article 121
112 Dwelling Unit Dwelling Unit means a building situated on the Properties designed and intended for use and occupancy as a single family residence and also a Condominium Unit located in the Condominium Project to be developed and constructed by the Declarant or Builder
113 Lot Lot means the physical portion of the Property designated for separate ownership or occupancy the boundaries of which are described in Article 21 of this Declaration
114 Member Member means any person or entity entitled to membership in the Association as provided herein
115 Morningside Amenities Morningside Amenities means the amenities which are to be installed andor constructed by Declarant within the Morningside Common Areas which all Owners shall be entitled to use and enjoy as contemplated herein The Morningside Amenities shall include an approximate 13280 square foot clubhouse with locker rooms billiard room indoor pool business center weight and aerobic room and a kitchen and also outdoor amenities including a tennis court putting green pool walking trails bocci ball courts horseshoe Pits pavillon picnic areas and other amenities and fa~il~which may be installed by the Declarant all of which may be used by the Owners The cost of the use and operation of these amenities
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will be covered by the Assessments payable by Owners pursuant to Article 73 No other charge for such use will be payable by Owners provided that the Ownets shall (i) be responsible to provide their own racquets clubs balls and other items and equipment necessary to utilize said amenities and facilities (ii) pay any direct costs associated with their use of these amenities and facilities such as copy charges and long distance telephone charges and (iii) pay any middotcosts payable to third parties in connection with the Owners use of the amenities and facilities or with respect to the Owners participation in programs lessons activities or courses offered by outside sourc~s such as aerobics courses swinming lessons or classes of any nature I_l~MQrningsid~ Amemt1es also mcludemiddot other areas which may be used by the Owners for a feethose-~ing gardens recreational vehicle parking areas and the use of the clubhouse banquet facility for special functions and events middot
116 middot Morningside Common Areas The 11Momingside Common Areas 11 shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Development Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retention Areas and Wetland Areasmiddot wherever located including those located in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities and easements in favor of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Condominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all members of the Association
117 Morningside Common Expense Liability 1Morningside Common Expense Liability means the liability for Common Expenses for the Morningside Common Areas and shall be allocated equally to each Dwelling Unit pursuant to Article 3 of this Declaration
118 Common Expenses for Morningside Common Areas Common Expenses for Morninside Common Areas 11 means expenditures made by or financial liabilities of the Association togethermiddot with any allocations to reserves for the maintenance upkeep repair andor replacement of the Morningside Common Areas including payment of taxes and insurance relating to the Morningside Common Areas and also including maintenance repair and replacement of Signs and Signage
119 Occupant 11 0ccupant11 means any person in possession of a Lot or Dwelling Unit whether or not such possession is lawful and shall include but not be limited to an Owners family members guests invitees tenants and lessees
120 Owner 11 0wner11 means the Declarant or other perspn-or entity who owns a Lot or a Unit but does not indude aperson or entity having an interest in a Lot solely as security for an
obligation
A1121 Property 11Property1 or rrproperties 11 meal)s the real estate described in Exhibit 11
attached hereto and made a part hereof and the Additional Land if and when it is made subject to
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this Declaration
) 122 Record Plat Record Plat means any record plat for any phase of the Morningside Development or the Additional Land
123 Signs and Signage Signs and Signage means the Morningside at Martins Run identification signs and associated structures appurtenances and landscaping which shall hereafter be installed on any Lot andor in the Morningside Common Areas
124 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all Owners of single family homes in the Morningside Development middot middot
125 Single Family Common Expense Liability Single Family Common Expense Liability means the liability for Common Expenses for Single Family Common Areas plus the liability to pay expenses for snow plowing and lawn mowing as described in Articles 8 1 and 8 3 and shall be allocated equally to the Owners of each Lot in the single family subdivisions pursuant to Article 3 of this Declaration
126 Common Expenses for Single Family Common Areas 11 Common Expenses for Single Family Common Areas means expenditures made by and financial liabilities of the Association together with any allocations to reserves for the maintenance upkeep repair andor
) replacement of the Single Family Common Areas including payment of taxes and insurance relating to the Single Family Common Areas and also including expenses for snow plowing and lawn mowing as described in Articles 81and83
127 Surface Water Management System Surface Water Management System shall mean the system designed for the Property by the Declarant for storm water soil erosion and sediment control Such system shall include all existing watercourses ditches drainage easements detention areas and swales located in the Property some of which are shown on the Record Plat
128 middotUnit Unit or Condominium Unitmeans a condominium unit to be located in one of the condominium buildings to be hereafter constructed by Declarant or Builder on that part of the Property which is designated for condominium ownership (the Condominium Property) and shall consist of boundaries which are to be more precisely defined by a condominium declaration (Condominium Declaration) for the condominium project (Condominium Project) and which will also be shown on drawings which will accompany the Condominium Declaration at the time it is recorded The Condominium Project shall be located on that part of the Property shoWn as being designated as condominium property in the overall plan for Morningside at Martins Run a copy of which plan is attached hereto and made a part hereof as Exhibit C
129 Wetland Areas Wetland Areas are those areas within the Common Areas designated as such or as conservation easements on the Record Plat
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ARrCLE2 LOTS AND UNITS
21 Description of Lot Boundaries The boundaries of the Lots shall be as set forth on the Record Plat
22 Unit Boundaries The Unit boundaries shall be more definitively set forth in the Condominium Declaration and any amendments thereto to be filed and also in the drawings which shall accompany the Condominium Declaration and its amendments
ARTICLE3 ALLOCATION OF ALLOCATED INTERESTS
31 Common Expense Liability The allocation of Allocated Interests for Common Expense Liability for the Morningside Common Areas and the Single Family Common Areas shall be determined in accordance with the allocation of the various assessments as set forth in Article 7
32 Votes in the Association The allocation of Allocated Interests for voting purposes shall be one vote per Lot and one vote per Unit
ARTICLE4 COMMON AREAS AND EASEMENTS
41 Morningside Common Areas The Morningside Common Areas shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Developmentmiddot Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retentlon Areas and Wetland Areas wherever located including those lo~ated in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities middot and easements in favormiddot of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Copdominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be
shared equally by all members of the Association middot
42 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions
43 Easements The Lots the Condoinirtiuni Property and the Units and the Morningside Common Areas and the Single Family Common Areas (sometimes collectively referred to as the Common Areas) shall be subject to certain easements These easements shall be appurtenant
) middot to and pass with the title to the Lots and the Units middot
43l Enjoyment The Common Areas Lots and common elements of the Condominium Property which consist of streets and sidewalks shall be subject to an easement of enjoyment in favormiddotofthe Lots the Units and the Owners Such easement shall be limited to the purposes for which the easements are created
432 Drainage The Lots and the Condomillium Property shall be subject to easements in favor of the Lots and Condominium Property benefitted for Surface Water Management as further defined in Article 5 No Owner shall do anything within or outside a Lot or on the Condominium Property which shall unreasonably increase or restrict the flow of surface water
433 Utilities The Lots Common Areas and the Condominium Property shall be subject to easements in favor of Owners and utility companies for the purpose of installing operating maintaining and servicing pole lines cables and conduits for utility services and cable television The character of the installation and structures which may be constructed reconstructed removed and maintained in on and through these easements shall include but not be limited to all incidental appurtenances such as guys conduits poles anchors transformers par mount transformers handholes etc Said easement right shall include the right without liability therefore to remove trees and landscaping including lawns within said easements premises which may interfere with the installation maintenance repair or operation of said utility facilities and with right of access ingress to and from any of the within premises for exercising and of the purpose of this right of way and easement grant
434 The City of Lorain and Other Persons A non-exclusive easement is granted to the City and to all police fire and other emergency personnel ambulance operators delivery garbage and trash removal personnel and to all similar persons and to the local governmental authorities but not to the public in general to enter upon the Common Areas the Condominium Property and the Surface Water Management System in the performance of their duties
44 Development Rights The Common Areas and the Condominium Property shall be subject to certain easements and development rights in favor of the Declarant as set forth in Article 12
45 Owners Delegation Rights Any Owner may delegate his or her easement rights and rights of enjoyment to the Common Areas to any Occupants and any guests invitees tenants or lessees thereof Any Owner who has leased his or her Lot or Unit shall be deemed to have delegated such rights Any such delegation however shall be in accordance with and subject to reasonable rules regulations and limitation as may be adopted by the Association in accordance with its Code of Regulations and shall also comply with the policies and procedures of the
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Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
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633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
I
~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
ll 11
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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(Page4
file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Omiddot P1middot _
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I J tl gt- EXHIBITC
~
Overall Plan 128] 102651
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middot( _
DECLARATION OF COVENANTS CONDlTIONS RESTRICTIONS AND RESERVATION OF EASEMENTS
FOR MORNINGSIDE AT MARTINS RUN HOMEOWNERS ASSOCIATION INC
Declarant Oster Construction Inc an Ohio corporation is the owner of certain real estate in the City of Lorain Lorain County Ohio described in Exhibit 11A 11
attached hereto and incorporated herein (hereinafter referred to as 11Property11
)
Declarant hereby declares that the Property shall be held sold and conveyed subject to the covenants conditions restrictions and reservation of easements herein which are for the purpose of protecting the value and desirability of and which shall run with the Property submittedmiddot hereunder or which may subsequently be added and shall be binding on all parties having any right title or interest in the Property its successors and assigns and shall inure to the benefit of each owner thereof
Declarant hereby declares that the Property as hereinafter defined shall be operated as housing for older persons in compliance with the Fair Housing Act (42 USC 3601 et seq) as may be amended from time to time The Board of Directors shall publish and adhere to policies and procedures which demonstrate the intent to provide housing for persons fifty-five (55) years of age and older including but not limited to reliable surveys and affidavits for verification for occupancy By acceptance of a deed to a Lot or a Unit Owners agree that they will cooperate with the Board of Directors in all reasonable ways in this regard and will furnish the Board with such information as necessary in connection with the Boards completion of such surveys and affidavits and that they shall comply with Article 92 herein in all respects
ARTICLE 1 DEFINITIONS
11 Additional Land Additional Land means the property described in Exhibit 11B11 which may be made subject to this Declaration pursuant to Article 121
12 Allocated Interests Allocated Interests means the Common Expense Liability and votes in the Association as set forth in Article 3
13 Assessments Assessments means those charges upon the Lots and Units established by Article 7 of this Declaration
14 Association 11Association11 means Morningside at Martins Run Homeowners Association Inc an Ohio nonprofit corporation its successors and assigns Except as the
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context otherwise requires Association shall mean the Board of Directors acting on behalf of the Association middot
) 15 Board Board shall mean the Board of Directors of the Association 16 Builder Builder means any person or entity (including Declarant) who erects a Dwelling Unit on the Property
17 City City means the City of Lorain Ohio
18 Declarant 11 Declarant11 means Oster Construction Inc an Ohio corporation its successors and assigns
19 Declaration Declaration means this Declaration of Covenants Conditions Restrictions and Reservation of Easements for Morningside at Martins Run Homeowners Associ~tion Inc including any amendments hereto
110 Detention andor Retention Areas Detention andor Retention Areas are areas within the Morningside Common Areas and the Single Family Common Areas which are used for storm water overflow andor retention
111 Development Development or Morningside Development means the development known as Morningside at Martins Run Lorain Ohio and includes and shall include the real estate described in Exhibit A and other real estate hereafter made subject ot the terms of this Declaration pursuant to Article 121
112 Dwelling Unit Dwelling Unit means a building situated on the Properties designed and intended for use and occupancy as a single family residence and also a Condominium Unit located in the Condominium Project to be developed and constructed by the Declarant or Builder
113 Lot Lot means the physical portion of the Property designated for separate ownership or occupancy the boundaries of which are described in Article 21 of this Declaration
114 Member Member means any person or entity entitled to membership in the Association as provided herein
115 Morningside Amenities Morningside Amenities means the amenities which are to be installed andor constructed by Declarant within the Morningside Common Areas which all Owners shall be entitled to use and enjoy as contemplated herein The Morningside Amenities shall include an approximate 13280 square foot clubhouse with locker rooms billiard room indoor pool business center weight and aerobic room and a kitchen and also outdoor amenities including a tennis court putting green pool walking trails bocci ball courts horseshoe Pits pavillon picnic areas and other amenities and fa~il~which may be installed by the Declarant all of which may be used by the Owners The cost of the use and operation of these amenities
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will be covered by the Assessments payable by Owners pursuant to Article 73 No other charge for such use will be payable by Owners provided that the Ownets shall (i) be responsible to provide their own racquets clubs balls and other items and equipment necessary to utilize said amenities and facilities (ii) pay any direct costs associated with their use of these amenities and facilities such as copy charges and long distance telephone charges and (iii) pay any middotcosts payable to third parties in connection with the Owners use of the amenities and facilities or with respect to the Owners participation in programs lessons activities or courses offered by outside sourc~s such as aerobics courses swinming lessons or classes of any nature I_l~MQrningsid~ Amemt1es also mcludemiddot other areas which may be used by the Owners for a feethose-~ing gardens recreational vehicle parking areas and the use of the clubhouse banquet facility for special functions and events middot
116 middot Morningside Common Areas The 11Momingside Common Areas 11 shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Development Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retention Areas and Wetland Areasmiddot wherever located including those located in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities and easements in favor of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Condominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all members of the Association
117 Morningside Common Expense Liability 1Morningside Common Expense Liability means the liability for Common Expenses for the Morningside Common Areas and shall be allocated equally to each Dwelling Unit pursuant to Article 3 of this Declaration
118 Common Expenses for Morningside Common Areas Common Expenses for Morninside Common Areas 11 means expenditures made by or financial liabilities of the Association togethermiddot with any allocations to reserves for the maintenance upkeep repair andor replacement of the Morningside Common Areas including payment of taxes and insurance relating to the Morningside Common Areas and also including maintenance repair and replacement of Signs and Signage
119 Occupant 11 0ccupant11 means any person in possession of a Lot or Dwelling Unit whether or not such possession is lawful and shall include but not be limited to an Owners family members guests invitees tenants and lessees
120 Owner 11 0wner11 means the Declarant or other perspn-or entity who owns a Lot or a Unit but does not indude aperson or entity having an interest in a Lot solely as security for an
obligation
A1121 Property 11Property1 or rrproperties 11 meal)s the real estate described in Exhibit 11
attached hereto and made a part hereof and the Additional Land if and when it is made subject to
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this Declaration
) 122 Record Plat Record Plat means any record plat for any phase of the Morningside Development or the Additional Land
123 Signs and Signage Signs and Signage means the Morningside at Martins Run identification signs and associated structures appurtenances and landscaping which shall hereafter be installed on any Lot andor in the Morningside Common Areas
124 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all Owners of single family homes in the Morningside Development middot middot
125 Single Family Common Expense Liability Single Family Common Expense Liability means the liability for Common Expenses for Single Family Common Areas plus the liability to pay expenses for snow plowing and lawn mowing as described in Articles 8 1 and 8 3 and shall be allocated equally to the Owners of each Lot in the single family subdivisions pursuant to Article 3 of this Declaration
126 Common Expenses for Single Family Common Areas 11 Common Expenses for Single Family Common Areas means expenditures made by and financial liabilities of the Association together with any allocations to reserves for the maintenance upkeep repair andor
) replacement of the Single Family Common Areas including payment of taxes and insurance relating to the Single Family Common Areas and also including expenses for snow plowing and lawn mowing as described in Articles 81and83
127 Surface Water Management System Surface Water Management System shall mean the system designed for the Property by the Declarant for storm water soil erosion and sediment control Such system shall include all existing watercourses ditches drainage easements detention areas and swales located in the Property some of which are shown on the Record Plat
128 middotUnit Unit or Condominium Unitmeans a condominium unit to be located in one of the condominium buildings to be hereafter constructed by Declarant or Builder on that part of the Property which is designated for condominium ownership (the Condominium Property) and shall consist of boundaries which are to be more precisely defined by a condominium declaration (Condominium Declaration) for the condominium project (Condominium Project) and which will also be shown on drawings which will accompany the Condominium Declaration at the time it is recorded The Condominium Project shall be located on that part of the Property shoWn as being designated as condominium property in the overall plan for Morningside at Martins Run a copy of which plan is attached hereto and made a part hereof as Exhibit C
129 Wetland Areas Wetland Areas are those areas within the Common Areas designated as such or as conservation easements on the Record Plat
)
ARrCLE2 LOTS AND UNITS
21 Description of Lot Boundaries The boundaries of the Lots shall be as set forth on the Record Plat
22 Unit Boundaries The Unit boundaries shall be more definitively set forth in the Condominium Declaration and any amendments thereto to be filed and also in the drawings which shall accompany the Condominium Declaration and its amendments
ARTICLE3 ALLOCATION OF ALLOCATED INTERESTS
31 Common Expense Liability The allocation of Allocated Interests for Common Expense Liability for the Morningside Common Areas and the Single Family Common Areas shall be determined in accordance with the allocation of the various assessments as set forth in Article 7
32 Votes in the Association The allocation of Allocated Interests for voting purposes shall be one vote per Lot and one vote per Unit
ARTICLE4 COMMON AREAS AND EASEMENTS
41 Morningside Common Areas The Morningside Common Areas shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Developmentmiddot Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retentlon Areas and Wetland Areas wherever located including those lo~ated in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities middot and easements in favormiddot of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Copdominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be
shared equally by all members of the Association middot
42 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions
43 Easements The Lots the Condoinirtiuni Property and the Units and the Morningside Common Areas and the Single Family Common Areas (sometimes collectively referred to as the Common Areas) shall be subject to certain easements These easements shall be appurtenant
) middot to and pass with the title to the Lots and the Units middot
43l Enjoyment The Common Areas Lots and common elements of the Condominium Property which consist of streets and sidewalks shall be subject to an easement of enjoyment in favormiddotofthe Lots the Units and the Owners Such easement shall be limited to the purposes for which the easements are created
432 Drainage The Lots and the Condomillium Property shall be subject to easements in favor of the Lots and Condominium Property benefitted for Surface Water Management as further defined in Article 5 No Owner shall do anything within or outside a Lot or on the Condominium Property which shall unreasonably increase or restrict the flow of surface water
433 Utilities The Lots Common Areas and the Condominium Property shall be subject to easements in favor of Owners and utility companies for the purpose of installing operating maintaining and servicing pole lines cables and conduits for utility services and cable television The character of the installation and structures which may be constructed reconstructed removed and maintained in on and through these easements shall include but not be limited to all incidental appurtenances such as guys conduits poles anchors transformers par mount transformers handholes etc Said easement right shall include the right without liability therefore to remove trees and landscaping including lawns within said easements premises which may interfere with the installation maintenance repair or operation of said utility facilities and with right of access ingress to and from any of the within premises for exercising and of the purpose of this right of way and easement grant
434 The City of Lorain and Other Persons A non-exclusive easement is granted to the City and to all police fire and other emergency personnel ambulance operators delivery garbage and trash removal personnel and to all similar persons and to the local governmental authorities but not to the public in general to enter upon the Common Areas the Condominium Property and the Surface Water Management System in the performance of their duties
44 Development Rights The Common Areas and the Condominium Property shall be subject to certain easements and development rights in favor of the Declarant as set forth in Article 12
45 Owners Delegation Rights Any Owner may delegate his or her easement rights and rights of enjoyment to the Common Areas to any Occupants and any guests invitees tenants or lessees thereof Any Owner who has leased his or her Lot or Unit shall be deemed to have delegated such rights Any such delegation however shall be in accordance with and subject to reasonable rules regulations and limitation as may be adopted by the Association in accordance with its Code of Regulations and shall also comply with the policies and procedures of the
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Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
)
633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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context otherwise requires Association shall mean the Board of Directors acting on behalf of the Association middot
) 15 Board Board shall mean the Board of Directors of the Association 16 Builder Builder means any person or entity (including Declarant) who erects a Dwelling Unit on the Property
17 City City means the City of Lorain Ohio
18 Declarant 11 Declarant11 means Oster Construction Inc an Ohio corporation its successors and assigns
19 Declaration Declaration means this Declaration of Covenants Conditions Restrictions and Reservation of Easements for Morningside at Martins Run Homeowners Associ~tion Inc including any amendments hereto
110 Detention andor Retention Areas Detention andor Retention Areas are areas within the Morningside Common Areas and the Single Family Common Areas which are used for storm water overflow andor retention
111 Development Development or Morningside Development means the development known as Morningside at Martins Run Lorain Ohio and includes and shall include the real estate described in Exhibit A and other real estate hereafter made subject ot the terms of this Declaration pursuant to Article 121
112 Dwelling Unit Dwelling Unit means a building situated on the Properties designed and intended for use and occupancy as a single family residence and also a Condominium Unit located in the Condominium Project to be developed and constructed by the Declarant or Builder
113 Lot Lot means the physical portion of the Property designated for separate ownership or occupancy the boundaries of which are described in Article 21 of this Declaration
114 Member Member means any person or entity entitled to membership in the Association as provided herein
115 Morningside Amenities Morningside Amenities means the amenities which are to be installed andor constructed by Declarant within the Morningside Common Areas which all Owners shall be entitled to use and enjoy as contemplated herein The Morningside Amenities shall include an approximate 13280 square foot clubhouse with locker rooms billiard room indoor pool business center weight and aerobic room and a kitchen and also outdoor amenities including a tennis court putting green pool walking trails bocci ball courts horseshoe Pits pavillon picnic areas and other amenities and fa~il~which may be installed by the Declarant all of which may be used by the Owners The cost of the use and operation of these amenities
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will be covered by the Assessments payable by Owners pursuant to Article 73 No other charge for such use will be payable by Owners provided that the Ownets shall (i) be responsible to provide their own racquets clubs balls and other items and equipment necessary to utilize said amenities and facilities (ii) pay any direct costs associated with their use of these amenities and facilities such as copy charges and long distance telephone charges and (iii) pay any middotcosts payable to third parties in connection with the Owners use of the amenities and facilities or with respect to the Owners participation in programs lessons activities or courses offered by outside sourc~s such as aerobics courses swinming lessons or classes of any nature I_l~MQrningsid~ Amemt1es also mcludemiddot other areas which may be used by the Owners for a feethose-~ing gardens recreational vehicle parking areas and the use of the clubhouse banquet facility for special functions and events middot
116 middot Morningside Common Areas The 11Momingside Common Areas 11 shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Development Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retention Areas and Wetland Areasmiddot wherever located including those located in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities and easements in favor of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Condominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all members of the Association
117 Morningside Common Expense Liability 1Morningside Common Expense Liability means the liability for Common Expenses for the Morningside Common Areas and shall be allocated equally to each Dwelling Unit pursuant to Article 3 of this Declaration
118 Common Expenses for Morningside Common Areas Common Expenses for Morninside Common Areas 11 means expenditures made by or financial liabilities of the Association togethermiddot with any allocations to reserves for the maintenance upkeep repair andor replacement of the Morningside Common Areas including payment of taxes and insurance relating to the Morningside Common Areas and also including maintenance repair and replacement of Signs and Signage
119 Occupant 11 0ccupant11 means any person in possession of a Lot or Dwelling Unit whether or not such possession is lawful and shall include but not be limited to an Owners family members guests invitees tenants and lessees
120 Owner 11 0wner11 means the Declarant or other perspn-or entity who owns a Lot or a Unit but does not indude aperson or entity having an interest in a Lot solely as security for an
obligation
A1121 Property 11Property1 or rrproperties 11 meal)s the real estate described in Exhibit 11
attached hereto and made a part hereof and the Additional Land if and when it is made subject to
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this Declaration
) 122 Record Plat Record Plat means any record plat for any phase of the Morningside Development or the Additional Land
123 Signs and Signage Signs and Signage means the Morningside at Martins Run identification signs and associated structures appurtenances and landscaping which shall hereafter be installed on any Lot andor in the Morningside Common Areas
124 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all Owners of single family homes in the Morningside Development middot middot
125 Single Family Common Expense Liability Single Family Common Expense Liability means the liability for Common Expenses for Single Family Common Areas plus the liability to pay expenses for snow plowing and lawn mowing as described in Articles 8 1 and 8 3 and shall be allocated equally to the Owners of each Lot in the single family subdivisions pursuant to Article 3 of this Declaration
126 Common Expenses for Single Family Common Areas 11 Common Expenses for Single Family Common Areas means expenditures made by and financial liabilities of the Association together with any allocations to reserves for the maintenance upkeep repair andor
) replacement of the Single Family Common Areas including payment of taxes and insurance relating to the Single Family Common Areas and also including expenses for snow plowing and lawn mowing as described in Articles 81and83
127 Surface Water Management System Surface Water Management System shall mean the system designed for the Property by the Declarant for storm water soil erosion and sediment control Such system shall include all existing watercourses ditches drainage easements detention areas and swales located in the Property some of which are shown on the Record Plat
128 middotUnit Unit or Condominium Unitmeans a condominium unit to be located in one of the condominium buildings to be hereafter constructed by Declarant or Builder on that part of the Property which is designated for condominium ownership (the Condominium Property) and shall consist of boundaries which are to be more precisely defined by a condominium declaration (Condominium Declaration) for the condominium project (Condominium Project) and which will also be shown on drawings which will accompany the Condominium Declaration at the time it is recorded The Condominium Project shall be located on that part of the Property shoWn as being designated as condominium property in the overall plan for Morningside at Martins Run a copy of which plan is attached hereto and made a part hereof as Exhibit C
129 Wetland Areas Wetland Areas are those areas within the Common Areas designated as such or as conservation easements on the Record Plat
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ARrCLE2 LOTS AND UNITS
21 Description of Lot Boundaries The boundaries of the Lots shall be as set forth on the Record Plat
22 Unit Boundaries The Unit boundaries shall be more definitively set forth in the Condominium Declaration and any amendments thereto to be filed and also in the drawings which shall accompany the Condominium Declaration and its amendments
ARTICLE3 ALLOCATION OF ALLOCATED INTERESTS
31 Common Expense Liability The allocation of Allocated Interests for Common Expense Liability for the Morningside Common Areas and the Single Family Common Areas shall be determined in accordance with the allocation of the various assessments as set forth in Article 7
32 Votes in the Association The allocation of Allocated Interests for voting purposes shall be one vote per Lot and one vote per Unit
ARTICLE4 COMMON AREAS AND EASEMENTS
41 Morningside Common Areas The Morningside Common Areas shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Developmentmiddot Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retentlon Areas and Wetland Areas wherever located including those lo~ated in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities middot and easements in favormiddot of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Copdominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be
shared equally by all members of the Association middot
42 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions
43 Easements The Lots the Condoinirtiuni Property and the Units and the Morningside Common Areas and the Single Family Common Areas (sometimes collectively referred to as the Common Areas) shall be subject to certain easements These easements shall be appurtenant
) middot to and pass with the title to the Lots and the Units middot
43l Enjoyment The Common Areas Lots and common elements of the Condominium Property which consist of streets and sidewalks shall be subject to an easement of enjoyment in favormiddotofthe Lots the Units and the Owners Such easement shall be limited to the purposes for which the easements are created
432 Drainage The Lots and the Condomillium Property shall be subject to easements in favor of the Lots and Condominium Property benefitted for Surface Water Management as further defined in Article 5 No Owner shall do anything within or outside a Lot or on the Condominium Property which shall unreasonably increase or restrict the flow of surface water
433 Utilities The Lots Common Areas and the Condominium Property shall be subject to easements in favor of Owners and utility companies for the purpose of installing operating maintaining and servicing pole lines cables and conduits for utility services and cable television The character of the installation and structures which may be constructed reconstructed removed and maintained in on and through these easements shall include but not be limited to all incidental appurtenances such as guys conduits poles anchors transformers par mount transformers handholes etc Said easement right shall include the right without liability therefore to remove trees and landscaping including lawns within said easements premises which may interfere with the installation maintenance repair or operation of said utility facilities and with right of access ingress to and from any of the within premises for exercising and of the purpose of this right of way and easement grant
434 The City of Lorain and Other Persons A non-exclusive easement is granted to the City and to all police fire and other emergency personnel ambulance operators delivery garbage and trash removal personnel and to all similar persons and to the local governmental authorities but not to the public in general to enter upon the Common Areas the Condominium Property and the Surface Water Management System in the performance of their duties
44 Development Rights The Common Areas and the Condominium Property shall be subject to certain easements and development rights in favor of the Declarant as set forth in Article 12
45 Owners Delegation Rights Any Owner may delegate his or her easement rights and rights of enjoyment to the Common Areas to any Occupants and any guests invitees tenants or lessees thereof Any Owner who has leased his or her Lot or Unit shall be deemed to have delegated such rights Any such delegation however shall be in accordance with and subject to reasonable rules regulations and limitation as may be adopted by the Association in accordance with its Code of Regulations and shall also comply with the policies and procedures of the
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Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
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633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
I
~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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will be covered by the Assessments payable by Owners pursuant to Article 73 No other charge for such use will be payable by Owners provided that the Ownets shall (i) be responsible to provide their own racquets clubs balls and other items and equipment necessary to utilize said amenities and facilities (ii) pay any direct costs associated with their use of these amenities and facilities such as copy charges and long distance telephone charges and (iii) pay any middotcosts payable to third parties in connection with the Owners use of the amenities and facilities or with respect to the Owners participation in programs lessons activities or courses offered by outside sourc~s such as aerobics courses swinming lessons or classes of any nature I_l~MQrningsid~ Amemt1es also mcludemiddot other areas which may be used by the Owners for a feethose-~ing gardens recreational vehicle parking areas and the use of the clubhouse banquet facility for special functions and events middot
116 middot Morningside Common Areas The 11Momingside Common Areas 11 shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Development Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retention Areas and Wetland Areasmiddot wherever located including those located in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities and easements in favor of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Condominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all members of the Association
117 Morningside Common Expense Liability 1Morningside Common Expense Liability means the liability for Common Expenses for the Morningside Common Areas and shall be allocated equally to each Dwelling Unit pursuant to Article 3 of this Declaration
118 Common Expenses for Morningside Common Areas Common Expenses for Morninside Common Areas 11 means expenditures made by or financial liabilities of the Association togethermiddot with any allocations to reserves for the maintenance upkeep repair andor replacement of the Morningside Common Areas including payment of taxes and insurance relating to the Morningside Common Areas and also including maintenance repair and replacement of Signs and Signage
119 Occupant 11 0ccupant11 means any person in possession of a Lot or Dwelling Unit whether or not such possession is lawful and shall include but not be limited to an Owners family members guests invitees tenants and lessees
120 Owner 11 0wner11 means the Declarant or other perspn-or entity who owns a Lot or a Unit but does not indude aperson or entity having an interest in a Lot solely as security for an
obligation
A1121 Property 11Property1 or rrproperties 11 meal)s the real estate described in Exhibit 11
attached hereto and made a part hereof and the Additional Land if and when it is made subject to
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this Declaration
) 122 Record Plat Record Plat means any record plat for any phase of the Morningside Development or the Additional Land
123 Signs and Signage Signs and Signage means the Morningside at Martins Run identification signs and associated structures appurtenances and landscaping which shall hereafter be installed on any Lot andor in the Morningside Common Areas
124 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all Owners of single family homes in the Morningside Development middot middot
125 Single Family Common Expense Liability Single Family Common Expense Liability means the liability for Common Expenses for Single Family Common Areas plus the liability to pay expenses for snow plowing and lawn mowing as described in Articles 8 1 and 8 3 and shall be allocated equally to the Owners of each Lot in the single family subdivisions pursuant to Article 3 of this Declaration
126 Common Expenses for Single Family Common Areas 11 Common Expenses for Single Family Common Areas means expenditures made by and financial liabilities of the Association together with any allocations to reserves for the maintenance upkeep repair andor
) replacement of the Single Family Common Areas including payment of taxes and insurance relating to the Single Family Common Areas and also including expenses for snow plowing and lawn mowing as described in Articles 81and83
127 Surface Water Management System Surface Water Management System shall mean the system designed for the Property by the Declarant for storm water soil erosion and sediment control Such system shall include all existing watercourses ditches drainage easements detention areas and swales located in the Property some of which are shown on the Record Plat
128 middotUnit Unit or Condominium Unitmeans a condominium unit to be located in one of the condominium buildings to be hereafter constructed by Declarant or Builder on that part of the Property which is designated for condominium ownership (the Condominium Property) and shall consist of boundaries which are to be more precisely defined by a condominium declaration (Condominium Declaration) for the condominium project (Condominium Project) and which will also be shown on drawings which will accompany the Condominium Declaration at the time it is recorded The Condominium Project shall be located on that part of the Property shoWn as being designated as condominium property in the overall plan for Morningside at Martins Run a copy of which plan is attached hereto and made a part hereof as Exhibit C
129 Wetland Areas Wetland Areas are those areas within the Common Areas designated as such or as conservation easements on the Record Plat
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ARrCLE2 LOTS AND UNITS
21 Description of Lot Boundaries The boundaries of the Lots shall be as set forth on the Record Plat
22 Unit Boundaries The Unit boundaries shall be more definitively set forth in the Condominium Declaration and any amendments thereto to be filed and also in the drawings which shall accompany the Condominium Declaration and its amendments
ARTICLE3 ALLOCATION OF ALLOCATED INTERESTS
31 Common Expense Liability The allocation of Allocated Interests for Common Expense Liability for the Morningside Common Areas and the Single Family Common Areas shall be determined in accordance with the allocation of the various assessments as set forth in Article 7
32 Votes in the Association The allocation of Allocated Interests for voting purposes shall be one vote per Lot and one vote per Unit
ARTICLE4 COMMON AREAS AND EASEMENTS
41 Morningside Common Areas The Morningside Common Areas shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Developmentmiddot Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retentlon Areas and Wetland Areas wherever located including those lo~ated in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities middot and easements in favormiddot of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Copdominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be
shared equally by all members of the Association middot
42 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions
43 Easements The Lots the Condoinirtiuni Property and the Units and the Morningside Common Areas and the Single Family Common Areas (sometimes collectively referred to as the Common Areas) shall be subject to certain easements These easements shall be appurtenant
) middot to and pass with the title to the Lots and the Units middot
43l Enjoyment The Common Areas Lots and common elements of the Condominium Property which consist of streets and sidewalks shall be subject to an easement of enjoyment in favormiddotofthe Lots the Units and the Owners Such easement shall be limited to the purposes for which the easements are created
432 Drainage The Lots and the Condomillium Property shall be subject to easements in favor of the Lots and Condominium Property benefitted for Surface Water Management as further defined in Article 5 No Owner shall do anything within or outside a Lot or on the Condominium Property which shall unreasonably increase or restrict the flow of surface water
433 Utilities The Lots Common Areas and the Condominium Property shall be subject to easements in favor of Owners and utility companies for the purpose of installing operating maintaining and servicing pole lines cables and conduits for utility services and cable television The character of the installation and structures which may be constructed reconstructed removed and maintained in on and through these easements shall include but not be limited to all incidental appurtenances such as guys conduits poles anchors transformers par mount transformers handholes etc Said easement right shall include the right without liability therefore to remove trees and landscaping including lawns within said easements premises which may interfere with the installation maintenance repair or operation of said utility facilities and with right of access ingress to and from any of the within premises for exercising and of the purpose of this right of way and easement grant
434 The City of Lorain and Other Persons A non-exclusive easement is granted to the City and to all police fire and other emergency personnel ambulance operators delivery garbage and trash removal personnel and to all similar persons and to the local governmental authorities but not to the public in general to enter upon the Common Areas the Condominium Property and the Surface Water Management System in the performance of their duties
44 Development Rights The Common Areas and the Condominium Property shall be subject to certain easements and development rights in favor of the Declarant as set forth in Article 12
45 Owners Delegation Rights Any Owner may delegate his or her easement rights and rights of enjoyment to the Common Areas to any Occupants and any guests invitees tenants or lessees thereof Any Owner who has leased his or her Lot or Unit shall be deemed to have delegated such rights Any such delegation however shall be in accordance with and subject to reasonable rules regulations and limitation as may be adopted by the Association in accordance with its Code of Regulations and shall also comply with the policies and procedures of the
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Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
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633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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this Declaration
) 122 Record Plat Record Plat means any record plat for any phase of the Morningside Development or the Additional Land
123 Signs and Signage Signs and Signage means the Morningside at Martins Run identification signs and associated structures appurtenances and landscaping which shall hereafter be installed on any Lot andor in the Morningside Common Areas
124 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions Costs of maintenance repair and replacement to these areas in favor of the Association shall be shared equally by all Owners of single family homes in the Morningside Development middot middot
125 Single Family Common Expense Liability Single Family Common Expense Liability means the liability for Common Expenses for Single Family Common Areas plus the liability to pay expenses for snow plowing and lawn mowing as described in Articles 8 1 and 8 3 and shall be allocated equally to the Owners of each Lot in the single family subdivisions pursuant to Article 3 of this Declaration
126 Common Expenses for Single Family Common Areas 11 Common Expenses for Single Family Common Areas means expenditures made by and financial liabilities of the Association together with any allocations to reserves for the maintenance upkeep repair andor
) replacement of the Single Family Common Areas including payment of taxes and insurance relating to the Single Family Common Areas and also including expenses for snow plowing and lawn mowing as described in Articles 81and83
127 Surface Water Management System Surface Water Management System shall mean the system designed for the Property by the Declarant for storm water soil erosion and sediment control Such system shall include all existing watercourses ditches drainage easements detention areas and swales located in the Property some of which are shown on the Record Plat
128 middotUnit Unit or Condominium Unitmeans a condominium unit to be located in one of the condominium buildings to be hereafter constructed by Declarant or Builder on that part of the Property which is designated for condominium ownership (the Condominium Property) and shall consist of boundaries which are to be more precisely defined by a condominium declaration (Condominium Declaration) for the condominium project (Condominium Project) and which will also be shown on drawings which will accompany the Condominium Declaration at the time it is recorded The Condominium Project shall be located on that part of the Property shoWn as being designated as condominium property in the overall plan for Morningside at Martins Run a copy of which plan is attached hereto and made a part hereof as Exhibit C
129 Wetland Areas Wetland Areas are those areas within the Common Areas designated as such or as conservation easements on the Record Plat
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ARrCLE2 LOTS AND UNITS
21 Description of Lot Boundaries The boundaries of the Lots shall be as set forth on the Record Plat
22 Unit Boundaries The Unit boundaries shall be more definitively set forth in the Condominium Declaration and any amendments thereto to be filed and also in the drawings which shall accompany the Condominium Declaration and its amendments
ARTICLE3 ALLOCATION OF ALLOCATED INTERESTS
31 Common Expense Liability The allocation of Allocated Interests for Common Expense Liability for the Morningside Common Areas and the Single Family Common Areas shall be determined in accordance with the allocation of the various assessments as set forth in Article 7
32 Votes in the Association The allocation of Allocated Interests for voting purposes shall be one vote per Lot and one vote per Unit
ARTICLE4 COMMON AREAS AND EASEMENTS
41 Morningside Common Areas The Morningside Common Areas shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Developmentmiddot Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retentlon Areas and Wetland Areas wherever located including those lo~ated in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities middot and easements in favormiddot of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Copdominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be
shared equally by all members of the Association middot
42 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions
43 Easements The Lots the Condoinirtiuni Property and the Units and the Morningside Common Areas and the Single Family Common Areas (sometimes collectively referred to as the Common Areas) shall be subject to certain easements These easements shall be appurtenant
) middot to and pass with the title to the Lots and the Units middot
43l Enjoyment The Common Areas Lots and common elements of the Condominium Property which consist of streets and sidewalks shall be subject to an easement of enjoyment in favormiddotofthe Lots the Units and the Owners Such easement shall be limited to the purposes for which the easements are created
432 Drainage The Lots and the Condomillium Property shall be subject to easements in favor of the Lots and Condominium Property benefitted for Surface Water Management as further defined in Article 5 No Owner shall do anything within or outside a Lot or on the Condominium Property which shall unreasonably increase or restrict the flow of surface water
433 Utilities The Lots Common Areas and the Condominium Property shall be subject to easements in favor of Owners and utility companies for the purpose of installing operating maintaining and servicing pole lines cables and conduits for utility services and cable television The character of the installation and structures which may be constructed reconstructed removed and maintained in on and through these easements shall include but not be limited to all incidental appurtenances such as guys conduits poles anchors transformers par mount transformers handholes etc Said easement right shall include the right without liability therefore to remove trees and landscaping including lawns within said easements premises which may interfere with the installation maintenance repair or operation of said utility facilities and with right of access ingress to and from any of the within premises for exercising and of the purpose of this right of way and easement grant
434 The City of Lorain and Other Persons A non-exclusive easement is granted to the City and to all police fire and other emergency personnel ambulance operators delivery garbage and trash removal personnel and to all similar persons and to the local governmental authorities but not to the public in general to enter upon the Common Areas the Condominium Property and the Surface Water Management System in the performance of their duties
44 Development Rights The Common Areas and the Condominium Property shall be subject to certain easements and development rights in favor of the Declarant as set forth in Article 12
45 Owners Delegation Rights Any Owner may delegate his or her easement rights and rights of enjoyment to the Common Areas to any Occupants and any guests invitees tenants or lessees thereof Any Owner who has leased his or her Lot or Unit shall be deemed to have delegated such rights Any such delegation however shall be in accordance with and subject to reasonable rules regulations and limitation as may be adopted by the Association in accordance with its Code of Regulations and shall also comply with the policies and procedures of the
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Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
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633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
865
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
pmiddotage2
Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
ll 11
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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ARrCLE2 LOTS AND UNITS
21 Description of Lot Boundaries The boundaries of the Lots shall be as set forth on the Record Plat
22 Unit Boundaries The Unit boundaries shall be more definitively set forth in the Condominium Declaration and any amendments thereto to be filed and also in the drawings which shall accompany the Condominium Declaration and its amendments
ARTICLE3 ALLOCATION OF ALLOCATED INTERESTS
31 Common Expense Liability The allocation of Allocated Interests for Common Expense Liability for the Morningside Common Areas and the Single Family Common Areas shall be determined in accordance with the allocation of the various assessments as set forth in Article 7
32 Votes in the Association The allocation of Allocated Interests for voting purposes shall be one vote per Lot and one vote per Unit
ARTICLE4 COMMON AREAS AND EASEMENTS
41 Morningside Common Areas The Morningside Common Areas shall mean any real estate hereafter owned or leased by the Association except (i) a Lot and (ii) the Blocks located and to be located in the single family subdivisions which are now or later become a part of the Morningside Developmentmiddot Notwithstanding the foregoing the Morningside Common Areas shall include all Detention Retentlon Areas and Wetland Areas wherever located including those lo~ated in Blocks in the single family subdivisions of Morningside The Morningside Common Areas also include the entranceway to the Development the Morningside Amenities middot and easements in favormiddot of the Association The Morningside Common Areas also include the private streets parking areas walks bike paths and walking trails located and to be located throughout the Development including those located adjacent to the Copdominium Property Costs of maintenance repair and replacement to these areas in favor of the Association shall be
shared equally by all members of the Association middot
42 Single Family Common Areas The Single Family Common Areas consist of the various blocks located in the single family subdivisions which are or shall later become a part of the Morningside Development but not including any Detention Retention or Wetland Areas located within those subdivisions
43 Easements The Lots the Condoinirtiuni Property and the Units and the Morningside Common Areas and the Single Family Common Areas (sometimes collectively referred to as the Common Areas) shall be subject to certain easements These easements shall be appurtenant
) middot to and pass with the title to the Lots and the Units middot
43l Enjoyment The Common Areas Lots and common elements of the Condominium Property which consist of streets and sidewalks shall be subject to an easement of enjoyment in favormiddotofthe Lots the Units and the Owners Such easement shall be limited to the purposes for which the easements are created
432 Drainage The Lots and the Condomillium Property shall be subject to easements in favor of the Lots and Condominium Property benefitted for Surface Water Management as further defined in Article 5 No Owner shall do anything within or outside a Lot or on the Condominium Property which shall unreasonably increase or restrict the flow of surface water
433 Utilities The Lots Common Areas and the Condominium Property shall be subject to easements in favor of Owners and utility companies for the purpose of installing operating maintaining and servicing pole lines cables and conduits for utility services and cable television The character of the installation and structures which may be constructed reconstructed removed and maintained in on and through these easements shall include but not be limited to all incidental appurtenances such as guys conduits poles anchors transformers par mount transformers handholes etc Said easement right shall include the right without liability therefore to remove trees and landscaping including lawns within said easements premises which may interfere with the installation maintenance repair or operation of said utility facilities and with right of access ingress to and from any of the within premises for exercising and of the purpose of this right of way and easement grant
434 The City of Lorain and Other Persons A non-exclusive easement is granted to the City and to all police fire and other emergency personnel ambulance operators delivery garbage and trash removal personnel and to all similar persons and to the local governmental authorities but not to the public in general to enter upon the Common Areas the Condominium Property and the Surface Water Management System in the performance of their duties
44 Development Rights The Common Areas and the Condominium Property shall be subject to certain easements and development rights in favor of the Declarant as set forth in Article 12
45 Owners Delegation Rights Any Owner may delegate his or her easement rights and rights of enjoyment to the Common Areas to any Occupants and any guests invitees tenants or lessees thereof Any Owner who has leased his or her Lot or Unit shall be deemed to have delegated such rights Any such delegation however shall be in accordance with and subject to reasonable rules regulations and limitation as may be adopted by the Association in accordance with its Code of Regulations and shall also comply with the policies and procedures of the
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Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
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633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
I
~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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(Page4
file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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43 Easements The Lots the Condoinirtiuni Property and the Units and the Morningside Common Areas and the Single Family Common Areas (sometimes collectively referred to as the Common Areas) shall be subject to certain easements These easements shall be appurtenant
) middot to and pass with the title to the Lots and the Units middot
43l Enjoyment The Common Areas Lots and common elements of the Condominium Property which consist of streets and sidewalks shall be subject to an easement of enjoyment in favormiddotofthe Lots the Units and the Owners Such easement shall be limited to the purposes for which the easements are created
432 Drainage The Lots and the Condomillium Property shall be subject to easements in favor of the Lots and Condominium Property benefitted for Surface Water Management as further defined in Article 5 No Owner shall do anything within or outside a Lot or on the Condominium Property which shall unreasonably increase or restrict the flow of surface water
433 Utilities The Lots Common Areas and the Condominium Property shall be subject to easements in favor of Owners and utility companies for the purpose of installing operating maintaining and servicing pole lines cables and conduits for utility services and cable television The character of the installation and structures which may be constructed reconstructed removed and maintained in on and through these easements shall include but not be limited to all incidental appurtenances such as guys conduits poles anchors transformers par mount transformers handholes etc Said easement right shall include the right without liability therefore to remove trees and landscaping including lawns within said easements premises which may interfere with the installation maintenance repair or operation of said utility facilities and with right of access ingress to and from any of the within premises for exercising and of the purpose of this right of way and easement grant
434 The City of Lorain and Other Persons A non-exclusive easement is granted to the City and to all police fire and other emergency personnel ambulance operators delivery garbage and trash removal personnel and to all similar persons and to the local governmental authorities but not to the public in general to enter upon the Common Areas the Condominium Property and the Surface Water Management System in the performance of their duties
44 Development Rights The Common Areas and the Condominium Property shall be subject to certain easements and development rights in favor of the Declarant as set forth in Article 12
45 Owners Delegation Rights Any Owner may delegate his or her easement rights and rights of enjoyment to the Common Areas to any Occupants and any guests invitees tenants or lessees thereof Any Owner who has leased his or her Lot or Unit shall be deemed to have delegated such rights Any such delegation however shall be in accordance with and subject to reasonable rules regulations and limitation as may be adopted by the Association in accordance with its Code of Regulations and shall also comply with the policies and procedures of the
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Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
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633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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Board to be hereafter adopted in connection with operation of the Property as housing for older persons in compliance with the Fair Housing Act ( 42 USC 3601 et seq)
46 Limitation on Common Areas and Easements The Common Areas Condominium Property easements and rights granted herein are subject to
461 Restrictions set forth in this Declaration
462 Any rules and regulations adopted by the Association and the right to enforce such rules and regulations
463 The right of the Association to levy assessments for the Common Areas and other assessments as set forth herein middot
464 The right of the Declarant and the Assocfation to amend the Record Plat and to grant further rights and easements within upon over under and across the Common
Areas for the benefit of the Owners the Association or Declarant
465 The Common Areas cannot be mortgaged or conveyed without the consent of two-thirds 0fthe Owners excluding the Declarant During any Declarant Control Period as set forth in Article 13 no portion of the Common Areas can be dedicated without the prior approval of the Federal Housing Administration or the Veterans Administration if either such agency is insuring or guaranteeing the mortgage on any Lot
466 If access to any residence is through any Common Area any such area is subject to the Lot Owners easement of ingress and egress thereover
467 All rights granted to the Association in this Declaration
ARTICLE 5 SURFACE WATER MANAGEMENT
51 Surface Water Management System The Surface Water Management System shall middotconsist of storm sewers drainage easements and Wetlands as showu- and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration The Association shall maintain and administer the Surface Water Management System in accordance with the guidelines as may be promulgated from time to time by the City or any other governmental entity exercising its jurisdiction The Associations responsibility includes the responsibility to maintain replace and repair the pipes concrete gutters or mechanical devices of the Surface Water Management System no matter where they are located
52 Surface Water Management System Easements Each Lot and Unit shall be subject to and shall be benefitted by an easement for storm sewers drainage and surface water management as more particularly shown and to be shown on the Record Plat or in the drawings which shall accompany the Condominium Declaration Such easement shall be non-exclusive as
to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
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633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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to the Oviners and shall run to the Association which has control and responsibility for drainage and surface water management Such easement however shall not run to the public at large
53 Access For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to any affected Owner to enter upon the Condominium Property or a Lot at reasonable hours on any day
54 Individual Maintenance Each Owner shall maintain that portion of the Surface Water Management System which serves only that Owners Lot The condominium association associated with the Condominium Property (the Condominium Association) shall be responsible to maintain that portion of the Surface Water Management System which serves only the Condominium Property Such responsibility shalhnclude keeping these easements and areas clean and unobstructed Maintenance of the Surface Water Management System shall be in accordance with the guidelines and standards set forth by the City middot
55 Detention Retention and Wetland Maintenance The Association shall provide for all maintenance of the Detention Retention and Wetland Areas including vegetation control and debris removal and maintenance to any fence associated with said areas Owners of Lots shall maintain any Wetland Area located on such Owners Lot
56 Restriction on Use No Owner shall use or permit any other persons to use the Surface Water Management System in any manner which would constitute a nuisance hazard or unsanitary condition ot be in violation of any local state or federal law ordinance rule regulation or statute
) ARTICLE6 OWNERS ASSOCIATION
61 Formation The Declarant has caused to be chartered in accordance with Chapter 1702 of the Ohio Revised Code a nonprofit corporation named Morningside at Martins Run Homeowners Association Inc The purposes for the Association are to provide for the administrative governance maintenance and upkeep of the Property and to promote the health safety and welfare of the Owners and Occupants of the Property
62 Membership The membership of the Association shall at all times consist exclusively of Owners of the Lots and Owners of Units All such Owners shall be Members Membership shall be appurtenant to and may not be separated from such ownership
63 Powers of the Association Subject to Special Declarant Rights hereinafter set forth the Association may
middot63l Adopt and amend a Code of Regulations for the government of the Association the conduct of its affairs and the management of the Property
632 Adopt rules and regulations for the use and occupation of the Common Areas and enforce violations of the rules and regufations and the provisions and restrictions of the Declaration as against the Owners and Occupants
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633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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633 Adopt and amend budgets for revenues expenditures and reserves and levy and collect Assessments from Owners In this regard a separate budget shall be maintained for the Mornings_ide Common Expenses and the Single Family Common Expenses
634 Hire and discharge managing agents and other employees agents and independent contractors
635 Institute defend _or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the community middot
636 Make contracts and incur liabili~ies
637 Regulate the use maintenance repair replacement and modification of the Morningside Amenities and the Common Areas
638 Cause additional improvements to be made as part of the Common Areas
639 Acquire hold encumber and convey in its own name any right title or interest to real estate or personal property
6310 Grant easements liens licenses and concessions through or over the Common Areas
6311 Impose and receive any payments fees or charges for the use rental or operation of the Common Areas or parts thereof and for services provided to Owners as contemplated by Article 115
6312 Impose charges for late payments of Assessments and after notice and an opportunity to be heard levy reasonable fines for violations of the Declarations Code of Regulations Rules and Regulations of the Association and the policies and procedures to be referred to in Article 9 2
6313 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or for statements of unpaid Assessments
middot 6314 Provide f~r indemnification of its officers and board of directors and maintain middot directors and officers liability insurance
6315 Assign its right to future income including the right to receive Assessments except that this power shall be limited to the purposes of repair of existing structures or improvements
6316 Exercise any other powers conferred by the Declaration Code of Regulations or Articles of Incorporation
6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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6317 Exercise all other powers that may be exercised m this state by nonprofit corporations and
6318 Exercise any other powers necessary and properfor the governance and operation of the Association middot
64 Voting Rights Subject to Special Declarant Rights as set forth in Article 13 Members shall be entitled to vote on matters properly before them in accordance with this Declaration the Code of Regulations and the laws of the State of Ohio middot
65 Number of Votes Each Lot and each Unit shall have one vote If only one of several Owners for a Lot or Unit is present at a meeting of the Association that Owner is entitled to cast the vote allocated to that Lot or Unit If more than one of the Owners is present the vote allocated to that Lot or Unit may be cast only in accordance with the agreement of a majority in interest of the Owners There is majority agreement if any one of the Owners casts the vote allocated to that Lot or Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot or Unit The Association may adopt rules regarding deadlocks No votes allocated to any Lots or Units owned by the Association may be cast
66 Proxies Avote allocated to a Lot or Unit may be cast pursuant to a proxy duly executed by an Owner An Owner may revoke-a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association A proxy is void if it is not dated or purports to be revocable without notice Except as hereinafter provided a proxy shall terminate one year after its date unless it specifies a shorter time If a first mortgagee has
) been designated a proxy under the terms of a first mortgage covering the Lot or Unit its presentation to the Board of a copy of the mortgage shall be notice of the proxy designation and if the mortgage so states of the irrevocability of that designation Written notice to the Board or notice in a meeting of a revocation of a proxy designation shall not affect any vote or act previously taken Each proxy shall automatically cease upon conveyance of the Lot or Unit
Unless expressly reserved and the Association is notified of such reservation a land contract vendee as defined in Chapter 5313 of the Revised Code shall be deemed the proxy of a land contract vendor for purposes ofthis section
67 Annual Meeting A meeting of the Members of the Association shall be held at least once each year
68 Management Agent The Board may employ for the middotAssociation a professional management agent or agents at a compensation established by the Board to perform such duties and services as the Board shall authorize The Board may delegate to the managing agent or manager subject to the Boards supervision certain powers granted to the Board by this Declaration The Declarant or an affiliate of the Declarant may be employed as a managing agent or manager No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days written notice
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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ARTICLE ASSESSMENTS (
71 Establishment of Assessments middotThere are hereby established for the benefit of the Association all Owners and their respective heirs executors administrators successors and assigns as a charge on each Lot andor Unit certain Assessments for Common Expenses for the Morningside Common Areas the Single Family Common Areas andor other costs arid expenses Each Owner by acceptance of a deed covenants and agrees to pay such Assessments
72 Purpose of the Assessments The Assessments established per Article 71 are for the benefit and use of the Association and shall be used in covering the defined and hereaftershymentioned costs and for other such purposes as hereinafter set forth
73 General Assessment for Morningside Cominon Areas There is hereby established a General Assessment for the purpose of the Common Expensesfor Morningside Common Areas The Common Expenses for Morningside Common Areas shall include (i) operation of the Association and maintenance upkeep repair and replacement of the Morningside Common Areas including the Morningside Amenities as required by this Declaration (ii) the cost of real estate taxes relating to the Morningside Common Areas and of any insurance required or permitted by this Declaration (iii) reasonable reserves for contingencies and replacement of the Morningside Common Areas (iv) administrative accounting legal and management fees and (v) all other costs and liabilities incurred by the Association relating to the Morningside Common Areas andor in the exercise of its powers and duties pursuant to this Declaration
74 General Assessment for Single Family Common Areas There is hereby established a middot General Assessment for the purpose of the Common Expenses for Single Family Common Areas The Common Expenses for Single Family Common Areas shall include (i) maintenance upkeep repair and replacement of the Single Family Common Areas as required by this Declaration (ii) the cost of real estate taxes relating to the Single Family Common Areas (iii) reasonable reserves for contingencies and replacement of the Single Family Common Areas (iv) costs of snow plowing and lawn mowing for the Owners of all Lots in the single family subdivisions in the Morningside Development and (v) all other costs and liabilities incurred by the Association relating to the Single Family Common Areas
75 Individual Assessment The Association after approval by two-thirds (23) vote of the members of the Board shall have the right to assess an individual Lot or Unit for any of the following middot
751 Any costs incurred by the Association in the performance of ariy maintenance in accordance with Article 84
752 Any charges fines or costs imposed or levied in accordance with Article 9 411 or 9415
753 Any costs incurred for maintenance or repair caused through the willfulor negligent act of an Owner or Occupant or their family tenants guests or invitees
middotincluding attorney fees court costs and other expenses incurred (
754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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754 Any costs associated with the enforcement of this Declaration or the Rules and Regulations of the Association including butnot limited to attorneys fees and court ~ costs and other expenses incurred ~
755 Any costs incurred by the Association as a result of the failure or refusal of an Owner to provide the Association information necessary to enable the Board to adhere to the po IiGies and procedures of the Fair Housing Act
76 Working Capital Fund Initial Assessment At the time of the closing of a purchase of aLot or a Unit from Declarant or a Builder the purchaser of such Lot or Unit shall be assessed the sum of $395 as such purchasers initial capital contribution to the working capital fund of the Association for use in payment of the Common Expenses for the Morningside Common Areas This Assessment shall be used by the Association for its operating expenses Such Assessment is not an aclvance payment of the General Assessments payable per Article 73 or 74 and it will not be held in any sort of trust or reserve account This Assessment is not to be utilized to pay the Common Expenses for the Single Family Common Areas Except as provided in Article 716 neither Declarant nor Builder shall be subject to or required to pay this Assessment
77 Computation and Payment of General Assessllent for Morningside Cpmmon Areas The General Assessment payable per Article 73 for the Morningside Common Areas shall be middot computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Morningside Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall I commence on the first day of the month following the earlier of (i) its conveyance to an Owner
) other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment = shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has been no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month The Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Article 7 19 neither Declarant nor Builder shall be subject to or required to pay this Assessment
78 Computation and Payment of General Assessment for Single Family Common Areas The General Assessment payable per Article 74 for the Single Family Common Areas shall be computed and levied in accordance with the budget adopted pursuant to the Code of Regulations by the Board for the Common Expenses for the Single Family Common Areas This General Assessment is payable on a monthly basis The initial General Assessment as to each Lot shall commence on the first day of the month following the earlier of (i) its conveyance to an Owner other than a Builder or (ii) occupancy of the Dwelling Unit This initial General Assessment shall be collected at closing of the conveyance of the Lot from the Builder or is payable sooner by the Occupant if the Lot is occupied prior to such closing So long as there has
middotbeen no default in payment of this Assessment it shall be payable in monthly installments due on the first day of each month the Board shall have the power from time to time to adopt such billing collection and payment procedures charges and other payment time schedules as it deems appropriate Except as provided in Art~cle 719 neither Declarant nor Builder shall be
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
ll 11
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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subject to or required to pay this Assessment This Assessment is not payable by Owners of Condominium Units
79 Maximum Assessment for Morningside Common Areas (All Owners)middot Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 77 shall be $9500 Beginning with Assessments levied as of January 1 2007 and on an annual basis thereafter the Board without a vote of the Owners may increase the maximum General Assessment payable underArticle 77 by anmiddotamount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Members or by written consent
710 Maximum Assessment for Singl~ Family Common Areas (All Owners except Owners of Condominium Units) Beginning with the recording of this Declaration and until December 31 2006 the maximum monthly General Assessment payable under Article 7 9 shall be $8400 Beginning with Assessments levied as of January 1 2007 and on an1annual basis middotthereafter the Board without a vote of the Owners may increase the maximum General Assessment payable under Article 7 9 by an amount not to exceed 10 percent of the previous months maximum amount Consent to increase said assessment by more than 10 of the previous months maximum may be obtained at a special meeting of the Membersmiddot or by written consent
711 Allocation of Assessments The Common Expense Liability for the Morningside Common Areas and the General Assessment under Article 77 shall be allocated equally to each Lot and Unit Declarant and Builder shall not be subject to or required to pay any Common Expense Liability for the Morningside Common Areas The Common Expense Liability for the Single Family Common Areas shall be allocated equally among the Owners of the Lots in the single family subdivisions which are or shall be made a part of the Morningside Development
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
ll 11
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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712 SeparakBudgets for Morningside Common Areas and Single Family Common Areas middot
) The ~oard shall maintain separate budgets for the Morningside Common Areas and the Single Family Common Areas No part of the General Assessment for the Mornlngside General Common Areas shall be utilized to pay the Single Family Common Area Expenses No part of the General Assessment for the Single Family Common Areas shall be utilized to pay the Morningside Common Area Expenses
113 Lien for Assessments The Association shall have a lien for any Assessment levied against a Lot or Unit for fines imposed against an Owner or Occupant and for interest costs and reasonable attorney fees
7131 Creation The lien for Assessmentsis created by this Declaration and shall be a charge middotand a continuing lien on each Lot and Unit which shall run with the land All persons or entities acquiring an interest in a Lot or Unit after the filing of this Declaration take such interest subject to such lien
7132 Effective Dates The lien for the Common Expense Liability for each Lot and Unit shall be effective on the first day of the fiscal year of the Association The lien for other Assessments shall be effective on the first day of the month following the notice of levy on the Owners affected
7133 Perfection Recording of this Declaration constitutes notice and perfection of the Lien
) 7134 Notice of Lien The Association may file a notice of lien with the Recorder of Lorain County Such notice shall not be required for the Association to enforce its lien
7135 Priority of the Lien The lien created by this Article shall be prior to all liens and encumbrances recorded subsequent to this Declaration except the lien for real estate taxes and assessments and the lien of any bona fide first mortgage filed of record
7136 Subordination and Mortgagee Protection Notwithstanding any of the provisions hereof to the contrary the lien of any Assessment levied pursuant to this Declaration (and any late charges interest costs and attorney fees) shall be subordinate to and shall in no way affect the rights of the holder of a first mortgage made in good faith for value received provided however that such subordination shall apply only to Assessments or installments thereof which have become due and payable prior to the date of Sheriffs sale of such Lot or Unit pursuant to a foreclosure or the date of a deed in lieu of foreclosure Such sale or transfer shall not relieve the mortgagee or the purchaser of a Lot or Unit at such sale from liability for any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment Mortgagees are not required to collect Assessments on behalf of the Association Failure to pay Assessments shall not constitute a default under any mortgage insured by FHANA
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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7137 Extinguishment of the Lien -A lien for unpaid Assessments is extinguished unless proceedings to enforce it are instituted within five (5) years after the full amount of the Assessment becomes due If an Owner of a Lot or Unit subje~t to a lien files a ( petition for relief under the United States Bankruptcy Code then the period of time to enforce the Associations lien shall be tolled until thirty (30) days after the automatic stay under Section 362 of the Bankruptcy Code is lifted
7138 Estoppel Certificate Upon request of any mortgagee or Owner and upon payment in full of all Assessments and other charges permitted by this Declaration that are due to the Association the Association shall execute and deliver to such mortgagee or Owner an Estoppel Certificate Such certificate shall be in recordable form and shall note the payment of the outstanding Assessments and charges and that the Association is estopped from the enforcement of its lien with respect to Assessments and charges becoming due and payable prior to the date of the Certificate The Association may charge a reasonable fee for the preparation of such certificate
7139 Delinquency and Acceleration Any installment of an Assessment provided for by this Declaration shall become delinquent if not paid on the due date as established by this Declaration or by the Board With respect to each installment of an Assessment not paid within five ( 5) days of its due clate the Board may at its election require the Owner to pay a reasonable late charge costs of collection reasonable attorney fees and interest at the rate provided in Section 134303 of the Ohio Revised Code (and as amended from time to time) Interest shall be calculated from the date of delinquency to the date full payment is received by the Association If any installment of an Assessment is not paid within thirty (3 0) days of its due date the Board may at its election declare all of the
J unpaid balance of the Assessment to be then due without further notice or demand to the Owner The Association may enforce the collection of the full Assessment and all charges thereon in any manner authorized by law or this Declaration The filing of any petition for relief pursuant to the United States Bankruptcy Code by an Owner whose Assessment has been accelerated shall operate as a restoration of the Assessment to its prior status as if it has not been accelerated
714 Remedies Cumulative A suit to recover moneymiddot judgment for unpaid Assessments and charges may be maintained without foreclosing or waiving the right to enforce the lien A foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment
715 Personal Obligation The Assessments including fines if any payable by each Owner together with any penalty interest costs and reasonable attorney fees shall be the personal obligation of the Owner at the time incurred The personal obligation shall not pass to any successors in title unless expressly assumed by them
7J6 Statement of Unpaid Assessments The Association shall upon written request of an Owner a contract purchaser or a first mortgagee furnish a statement setting forth the amount of unpaid Assessments against the Lot or Unit The statement must be furnished within ten (10) business days after receipt of the request and is binding on the Association the Board and every Owner The Association may charge a reasonable fee for preparation of this statement
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
865
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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717 No Waiver of Liability for Common Expenses No Owner may exempt himself or herself from liability for payment of the Common Expenses by waiver of the use or enjoyment ofmiddot the Common Areas or by abandonment of the Lot or Unit against which the Assessments are made Notwithstanding the foregoing except as provided in Article 719 neither Declarant nor Builder shall be obligated to pay Common Expenses middot 718 Loan In the event that sufficient funds are not on hand to pay Common Expenses for Common Areas as and when the same become due Declarant may loan the Association such sums as may be required to pay said Common Expenses All such sums shall draw interest at the rate of eight percent (8) per annum
719 Circumstances under which Declarant and Builder are Responsible to Pay Assessments Declarant and Builder shall be obligated to pay the assessments contemplated by this Article if Declarant or Builder after having constructed a Dwelling Unit shall rent said Dwelling Unit to a tenant for a term which exceeds one (1) month in length
ARTICLES UPKEEP OF THE PROPERTY
81 LotsUnits Each and every Lot and Unit and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Properties The Association shall be responsible to mow the lawns for each Owner in the single family subdivision of the Morningside Development
82 Common Areas The Association shall maintain the Common Areas including ) Morningside Amenities
83 Driveways streets-sidewalks etc Each Owner of a Lot shall be responsible to repair maintain and replace all driveways parking areas leadwalks and sidewalks located on his or her Lot The Condominium Association shall be responsible to repair maintain and replace driveways private drives and walks located in the Condominium Property The Association shall be responsible to plow snow from each driveway of each Dwelling Unit in the single family subdivisions such plowing to be completed at such times as determined by the Association from time to time middot
84 Associations Right to Maintain In the event an Owner or the Condominium Association shall fail to provide maintenance as required by this Declaration in a manner satisfactory to the Association and such Owner or the Condominium Association has failed to comply for thirty (30) days after being so notified of such failure and upon being provided an opportunity to be heard concerning such failure then the Association shall have the right
middot through its agents and employees to enter upon said Lot or the Condominium Property and repair maintain and restore the Lot or the Condominium Property In the event that such failure poses a health safety or security risk then no notice or hearing need be given The cost of such maintenance and repair shall be assessed against the subject Lot in accordance with Article 7 or middot in the case of such maintenance and repair against the Units in accordance with their interests in the common elements as specified in the Condominium Declaration Nothing in this Section
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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shall be construed as giving the Association any right to repair maintain or restore any Dwelling Unit middot
85 Access to Lots and the Condoniinium Property For the purpose solely of performing the maintenance required or authorized herein the Association through its duly authorized agents or employees or subcontractors shall have the right after reasonable notice to the Owner or the Condominium Association to enter upon any Lot or the Condominium Property at reasonable hours on any day
ARTICLE9 RESTRICTIONS
91 middot Use and Occupancy The following restrictions are applicable to the use and occupancy of the Property
911 Compliance with Laws No improper offensive ot unlawful use shall be made of the Property or any part thereof and all valid laws zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed All laws orders rules regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with by and at the sole expense of the Owner
912 Harmful Discharges Other than the Declarant in connection with its construction activity there shall be no emissions of dust sweepings dirt cinders odors gases or other substances into the atmosphere ( oth(r than normal residential chimney emissions) no production storage or discharge of hazardous wastes on the Property or discharges of liquid solid wastes or other harmful matter into the ground or any body of water if such emission production storage or discharge may adversely effect the use or intended use of any portion of the Property or may adversely affect the health safety or comfort of any person No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof i~ violation of any regulation of any public body having jurisdiction over such public sewer or Surface Water Management System
913 Noise No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property nor shall any person permit or engage in any activity practice or behavior for the purpose of causing annoyance discomfort or disturbance to any person lawfully present on any portion of the Property
914 Signs No signs of any character shall be erected posted or displayed upon the Property except (i) marketing signs installedby the Declarant or Builder while actively marketing the Lots and Units for sale (ii) street and identification signs installed by the Associationor the Declarant (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is on the market provided however that no such signs may appear on the Condominium Property (iv) the Sign for the Development contemplated by Article 15 herein and (v) street and identification signs for subdivisions hereafter created within the Property middot
915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
865
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
pmiddotage2
Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
ll 11
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) Page 3
Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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915 No Trade or Business No trade or business of any kind may be conducted in or from any Lot or Unit except that an Owner or Occupant of a Lot or Unit may conduct such business activity within the Lot or Unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound or smell from the exterior of the Lot or Unit (b) the business activity conforms to all ~oning requirements for the Prope1iy (c) the business activity does not involve persons coming on to the Lot or Unit who do not reside in the Property and ( d) the business activity is consistent with the residential character of the Property
The terms business arid 11trade 11 as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include without limitation any occupation work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee compensation or other form of consideration regardless of whether (i) such activity is engaged in full~time or part-time (ii) such activity is intended to or does generate a profit (iii) a licenseis required thereof The term trade or business for purposes of this restriction shallmiddotnot include the construction operation and maintenance of any model home or homes and sales offices by any Builder during reasonable hours
916 Trash Except in connection with construction activities no burning of any trash and no accumulation or storage of litter refuse bulk materials building materials or trash of any other kind shall be permitted anywhere on the Property Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection No incinerator shall be kept or maintained upon any Lot or on the Condominium Property
) 917 Parking Vehicle Repairs Exceptin connection with construction activities trailers campers recreational vehicles boats trucks which are larger than pickup trucks and other large vehicles may be parked on the Property only if in garages or in areas designated by the Association for such parking No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property Vehicle repairs and stOrage of vehicles are permitted on the Property only if in garages located in the singie family subdivisions Vehicle repair and storage is not permitted on the Condominium Property Recreational vehicles and boats may be parked in the driveways of Lots for a period not to exceed seven (7) days in any calendar year for the purpose of cleaning loading or unloading No parking of recreation vehicles or boats is permitted on the Condominium Property
918 Animals The maintenance keeping boarding or raising of animals livestock poultry or reptiles of any kind regardless of number is prohibited on any Lot Unit or upon any part of the Common Areas except that the keeping of guide animals and orderly domestic pets (eg dogs cats or caged birds) is permitted subject to the Rules and Regulations adopted by the Board Such pets are not to be kept or maintained for commercial purposes or for breeding No external compound cages kennels or hutches shall be permitted Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently removed from the Property upon ten (10) days written notice
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
I
~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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from the Board Petsshall not be p~rinitted on the Common Areas unless accompanied by someone who can eontrol the pet and unless carried or leashed Any Owner or middot
middotOccupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any loss claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property All pets which maYleave a Unit or Lot must bemiddot inoculated as required by law
92 Age Restrictions The Declarant shall construct market and sell the Lots and Units as housing for older persons as contemplated by the exemption provided in the Federal Fair Housing Act relating to housing for older persons Accordingly at least eighty percent (80)of the occupied Lots and Units must be occupied by at least one person who is fifty-five (55) years of age or older and no person under the age of eighteen (18) years of age shall be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelling Unit for more than ninety (90) days in any calendar year The Declarant and the Association shall est_ablish and implement policies and procedures to consistently enforce th~s exemption
The Declarant reserves however the right to change its method of development marketing and sales so that the Development will no longer conform to the above exemption Similarly the Declaration and Code of Regulation may also be amended as provided therein to no longer comply with said exemption
Solely to comply with the exemption provided in the Federal Fair Housing Act any Owner other than the Declarant shall inform the Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occupancy and shall be accompanied by an affidavit given by the new occupant(s) ormiddotother written evidence satisfactory to the Association each in the form approved by the Association that aftersuch change in occupancy (a) at least one person who is fifty-five (55) years of age or older will occupy the Unit and (b) no person under the age of eighteen cl 8) years shall occupy said Unit for more than ninety (90) days in any calendar year The Association is entitled to make reasonable inquiry concerning such affidavit or other written evidence andshall consent to the change in occupancy ifthe foregoing requirements are satisfied If however the contemplated occupant(s) is unable to make such an affidavit or if such written proof is not provided or if the Association determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such change if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fall below the eighty percent (80) threshold referenced above or (ii) any person under the age of eighteen (18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the jssociation may be assessed against the subject Owner as an individual assessment pursuant to Article 9 415
In the event an Owner of aLot or Unit dies testate or intestate leaving as heirs one or more persons wlio do not qualify as to age these restrictions shall in no way be deemed to
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I
from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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from the Board Pets shall not be permitted on the Common Areas unless accompa11ied by someone who can control the pet and unless carried or leashed Any Owner or
Occupant who keeps or maintains any pet on any portion of the Property shall be deemed to have indemnified and agreed to hold the Association harmless from any l~ss claim or
J4ibility ofangt kind or character whateve~ arising by reason of keeping or maidtaining such_pet w1thm the Property All pets which may leave a Unit or Lot must be inoculated as req~ed by law middot
92 Age Restriit~ns The Declarant sh~ll construct market and s~ll the Lots and Units as housing for older tkrsons as contemplated by the exemption provided in the Federal Fair Housing Act relating )q_ housing for older persons Accordingly at least eighty percent (80) of the occupied Lots and n~middotts must be occupied by at least one person who is fifty-five (55) years of age or older and no per on under the age of eighteen (18) years of age shall _be permitted to occupy a Dwelling Unit For purposes of this Article 92 occupy shall mean a person actually residing in a Dwelli~g Unit for more than ninety (90) days in any calendar year The Declarant and the Association ~~all establish and implement policies and procedures to consistently enforce this exemptiQp
The Declarant reserves ho~yer the right to change its method of development marketing and sales so that the Develop~ent will no longer conform to the above exemption Similarly the Declaration and Code ofRgulation may also be amended as provided therein to no longer comply with said exemption middot
Solely to comply ~ith the exemptio~xovided in the Federal Fair Housing Act any Owner other than the Declarant shall inform tire Association in writing whenever there shall be a change in occupancy of his or her Dwelling Unit Such notice shall be given at least fifteen (15) days prior to any contemplated change in occilpancy and shall be accompanied by an affidavit given by the new occupant(s) or other writteil~vidence satisfactory to the Association each in the fotm approved by the Association that after svch change in occupancy (a) at least one person who is fifty-five (55) years of age or older willq_ccupy the Unit and (b) no person under the age of eighteen (18) years shall occupy said Unit fO more than ninety (90) days in any calendar year The Association is entitled to make reasonable foguiry concerning such affidavit or other written evidence and shall consent to the change in occupfncy if the foregoing requirements are satisfied If however the contemplated occupant~ is unable to make such an affidavit or if such written proof i~ not provided or if the Associatiot determines that such facts contained therein are not true then the Association acting pursuant to its Board of Directors may preclude any change in ownership and may seek to enjoin any such cha~g~ if either (i) any such change in occupancy of the Lots and Units shall cause occupancy to fal_l b~l~w the eighty p~rcent (80) threshold referenced above or (ii) any person underthe age of eighteer(18) years will occupy said Unit for more than ninety (90) days in any calendar year Any costs incurred by the Association may be assessed against the subject Owner as an individual assessmeht_pursuant to Article 9415
In the event an Owner of a Lot or Unit dies testate or intestate leaving as heirs ort or more persons who do not qualify as to age these restrictions shall in no way be deemed to
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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restrict the transfer of ownership of a Lot or Unit to the heirs of such Owner provided however that such heir or heirs shall not reside in the Dwelling Unit until such heir or heirs meet the age requirement set forth herein The foregoing does not apply to a co-habitating surviying spouse who does not qualify as to age it being the intent that the surviving spouse shall be permitted to occupy such Dwelling Unit subsequent to the date the age qualified spouse dies
93 Architectural Restrictions The following architectural restrictions shall be applicable to the Lots and to the Condominium Property and the Units if said restrictions expressly apply to the Condominium Property or the Units
93l Dwelling Type No building shall be erected altered placed or be permitted to remain on any Lot other than one single-family dwelling and attached garage for at least two cars
932 Set Back Minimum Elevation and Yard Requirements All Dwelling Units shall be located in accordance with the building set back lines minimum basement elevation and yard requirements as shown on the Record Plat and as set forth in the Citys Zoning Resolution The Owner or Builder shall be responsible for compliance with these standards Declarant shall not be responsible for any failure to comply with these standards
933 Front Yards and Driveways Front yards shall be landscaped within ninety (90) days after closing weather permitting All driveways shall be paved with concrete asphalt brick or paving stone in accordance with city ordinance
934 Construction Materials No Dwelling Units shall be constructed of concrete block cinder block or other similar materials unless the exterior of the Dwelling Unit is covered with brick andor siding
935 Front Porch Storage No front porch shall be used for the storage of any items except normal porch furniture No front yard shall be used for storage of ariy kind of items This restriction shall not apply to building materials andor equipment stored on the Lot during construction of the Dwelling Unit
936 Radio and Television Antennas No satellite dishes exterior antennas aerials or other apparatus for the reception or transmission of television radio satellite or other signals of any kind shall be placed allowed or maintained upon any portion of the Properties including any Dwelling Unit except satellite dishes with a diameter not greater than twenty-four inches (24 11
) which may be located in areas approved in advance in writing by the Board Nothing herein shall be construed so as to be in conflict with current Federal Communications Commissions rules and regulations for antennas
937 Awnings No awnings for windows doors or patios or otherwise may be erected or used except by the Declarant or Builder for sales purposes unless otherwise approved in writing by the Association prior to any such erection middot
938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Omiddot P1middot _
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I J tl gt- EXHIBITC
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Overall Plan 128] 102651
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938 Exterior Carpeting No exterior carpeting shall be permitted if it is visible from the street or any neighboring Lot
939 Fences Invisible pet fences are permitted on all Lots but not on the Condominium Property Other fences are not permitted on any Lot except for the fences permitted by Article 9 3 11 and 9 3 12
9310 Other Structures No other structure of a temporary character trailer or shack shall be permitted on any Lot Construction trailers andor storage sheds shall be
middotpermitted only during construction by Builder or Declarant 9311 Decks Patios and Privacy Fences Enclosing Decks andor Patios With respect to all Lots but not on the Condominium Property an Owner may construct one deck andor patio having up to 640 square feet in total area provided such deck andor patio may only be added onto the back of a Dwelling Unit and (i) the width of the deck andor patio may be no wider than the width of the Dwelling Unit and (ii) the deck andor patio must extend no more thanl6 feet from the rear foundation line of the Dwelling Unit toward the rear lot line and (iii) decks and patios may not be placed between sun roomsmiddot and the rear lot line Declarant Builder or any Owner may construct a privacy fence to enclose the area in-which the deck andor patio is permitted by this Article 9311 (whether the deck andor patio are added or not) Provided however any such fence must be no greater than five (5) feet in height must not be chain link and must be constructed with white vinyl or white aluminum materials and otherwise comply with local law Provided further that Owners of said Lots shall be responsible to maintain and repair said fence and to maintain all interior fenced in areas
9312 Pools and Spas Hot tubs and spas shall be permitted only within the confines of a Lot in the area in which a deck andor patio may be constructed but only if the location size materials and specifications for such hot tub or spa have been approved by the Board prior to its construction No swimming pools shall be permitted All hot tubs and spas must be in-ground or if above ground incorporated into a deck with enclosed sides All hot tubs and spas must be screened with amiddot privacy fence which may not be chain link and which must be constructed with white vinyl or white aluminum materials
9313 Clothes Drying No outdoor close drying apparatus of any sort shall be permitted
9314 Mailboxes Delivery Boxes No mailbox shall be erected or placed on any Lot or on the Condominium Property or onto a Unit other than the mailboxes erected by Declarapt Except as otherwise required by the United States Postal Service or any successor agency no mailbox erected by Declarant shall be altered without approval from the Board Except for the mailbox permitted hereby no delivery box (whether for newspapers or otherwise) shall be erected or placed on any Lot or within the Condominium Property without approval from the Board Declarant makes no warranty
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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or promise that on premise or curbside mailboxes will be provided or permitted at Morningside middot
( 9315 Grades Declarant during the Declarant Control Period~ and thereafter the Board shall have the exclusive right to establish grades and slopes on any part of the Properties including the Condominium Property and to fix the grade at which any building or structure shall be hereafter erected or placed upon any part of the Properties so that the same may conform to the general plan for the Lots and the Condominium Property
9316 Completion Construction of a Dwelling Unit on any Lot shall be completed within one (1 year from the date construction is started
9317 Lot Maintenance Owners of Lots must keep the same free of debris and clutter
94 Remedies for Breach of Covenants and Restrictions The violation of any covenant or restriction contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants restrictions rules and regulations in accordance with this Article 94 middot
941 Actions The Board may take any bf the following actions
9411 Levy a fine against the Owner or Occupant which shall also be an Individual Assessment under Article 752
9412 Enter upon a Lot or Unit or the Condominium Property or portion thereof upon which or as to which such violation or breach exists and summarily abate and remove at the expense of the Owner or the Condominium Association any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions of this Declaration and the Board or its agents shall not be thereby deemed guilty in any manner of trespass or wrongful act
9413 Institute appropriate legal proceedings to enjoin abate or remedy the continuance of any breach including a breach under Article 9 2 herein
9414 Undertake such dispute resolution methods such as mediation and arbitration except that this provision shall not be construed as any requirement to do so as a condition precedent to legal proceedings
9415 Levy a special individual assessment against any Owner to reimburse the Association for costs incurred by the Association including reasonable attorney fees court costs and other expenses as a result of the Owners breach of or failure to comply with this Declaration or to enforce this
Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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Declaration against an Owner This includes enforcement against an Owner for breach or failure to comply with Article 9 2
) 942 Notice and Opportunity to be Heard Prior to taking any such action the Board shall give the Owner andor Occupant andor the Condominium Association reasonable notice of the violation and an opportlll1ity to be heard Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations
943 Individual Actions Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resohJtion methods
ARTICLE 10 INSURANCE AND CASUALTY LOSSES
101 Insurance The Board or its duly authorized agent shall have the authority to and shall obtain such insurance as it may deem necessary to protect the Common Areas the Owners the Association and the Board Additional insurance requirements shall be imposed on Owners of Lots and Units in future subdivisions for homesattached to one another and for condominium lll1its
102 Repair and Restoration Ifthemiddotdamage or destruction for which insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof the Board shall without the necessity of a vote of the Members levy a Special Assessment against all Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction If the funds available from ) insurance exceed the cost of repair such excess shall be deposited to the benefit of the Association
ARTICLE 11 CONDEMNATION
11l Condemnation Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on its behalf or on the
written direction of all Owners subject to the taking if any) by any authority having the power of condemnation or eminent domain each Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law The award made for such taking shall be payable to the Association as trustee for the Owners to be disbursed in an equitable manner consistent with the interests of the Owners
ARTICLE 12 DEVELOPMENT RIGHTS
12l Submission of Additional Land The Declarant reserves the right to submit all or any middotportion of the Additional Land to the terms of this Declaration without consent of the Owners for
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
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~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Omiddot P1middot _
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I J tl gt- EXHIBITC
~
Overall Plan 128] 102651
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a period of seven (7) years beginning with the date of recording of this Declaration The submission shall be accomplished by the filing of a Supplemental Declaration identifying the middot Additional Land and Common Areas middot
122 Easements Reserved The Declarant reserves for itself its successors and assigns and any Builder the following easements over the Property
1221 Easements for drainage and all utilities as shown on the Record Plat or as contemplated in connection with the Condominium Project
1222 Easements for ingress egress drainage and all utilities over the Common Areas provided that such easements do not umeasonably interfere with any Owners rights of enjoyment
1223 An easement over the Common Areas as may be reasonably necessary for the purpose of discharging its obligations or exercising any rights under the Declaration
1224 An easement for ingress egress drainage andmiddot all utilities over the Common Areas
123 Assignment of Development Rights The Declarant reserves the right to assign any or all of its Development Rights to any person or entity for the purpose of further development and improvement of the Property No assignment shall be effective unless in a writing filed with the Recorder of Lorain County Ohio
124 Transfer of Development Rights by Foreclosure Unless otherwise provided in any mortgage securing the Property held by Declarant in the case of foreclosure of such mortgage deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings of any portion of the Property held by the Declarant subject to the Development Rights herein reserved (including the Special Declarant Rights) a person acquiring title to such property but only upon his request succeeds to all such Development Rights The judgment or instrument conveying title must provide for the transfer of such rights- Upon foreclosure sale deed in lieu of foreclosure judicial sale tax sale sale under the US Bankruptcy Code or receivership proceedings the Declarant ceases to have any of the rights herein reserved A successor to the Development Rights held by a transferee who acquired such rights pursuant to this Section may declare by a recorded instrument the intention to hold such rights solely for transfer to another person Thereafter until transferring such Development Rights to any person acquiring title to the Property subject to the Development Rights or until recording an instrument permitting exercise of such rights that successor may not exercise any of those rights and any attempted exercise is void So long as a successor Declarant may not exercise any Development Rights under this section such declarant is not subject to any liability as a declarant
middot 125 Development of Property It is the intention of Declarant to develop parts of the Property into various subdivisions all of which shall be part of the Motningside Development
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
865
)
i bull
EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
I
~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
ll 11
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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(Page4
file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Omiddot P1middot _
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I J tl gt- EXHIBITC
~
Overall Plan 128] 102651
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and which shall be governed by this Declaration One of the subdivisions to be developed by the Declarant is the Condominium Development which will be governed by the Condominium Declaration and this Declaration
ARTICLE 13 SPECIAL DECLARANT RIGHTS
131 Use for Sale Purposes Declarant reserves for itself its successors and assigns and any Builder the right to maintain sales offices and models on the Lots and on the Condominium Property
132 Signs and Marketing The Declarant reserves the right for itselfand any Builder to post signs and displays in the Property to promote sales of Lots and Units and to conduct general sales activities in a manner as will not umeasonably disturb the rights of Owners
133 Control of the Association
133l Appointment of Directors and Officers Until such time as twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder the Board shall consist of three (3) persons all of whom shall be selected by Declarant Subject to Article 1332 the Declarantreserves the right to appoint and remove the members of the Board and the Officers of the Association during the Declarant Control Period which commences upon the recording of this Declar11tion and shall terminate no later than the earlier of
13311 Sixty (60) days after the conveyance of seventy-five percent (75) ) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder or
13312 Seven (7) years after recording this Declaration
1332 Transition from Declarant Control Not later than sixty (60) days after twenty-five percent (25) of the Lots and Units contemplated to comprise this entire subdivision are sold other than Declarant or any Builder one Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time four (4) persons shall constitute the Board Not later than sixty (60) days after the conveyance of seventy-five percent (75) contemplated to comprise this entire subdivision are sold to Owners other than Declarant or any Builder an additional Owner shall be elected to the Board by a vote of Owners other than Declarant or any Builder at which time five (5) persons shall constitute the Board
1333 Early Termination of Control The Declarant may voluntarily surrender the right to appoint and remove trustees and officers before the termination of the period set forth above In that event the Declarant may require for the duration of that period that specified actions of the Association or the Board be approved by Decllt1rant before they
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
1 bull
Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
865
)
i bull
EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
I
~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
pmiddotage2
Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Omiddot P1middot _
l j
I J tl gt- EXHIBITC
~
Overall Plan 128] 102651
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become effective Such voluntary termnation shall be evidenced by a recorded instrument middotexecuted by the Declarant setting forth the termination of right to appoint and middotthe actions which require Declarants approval
134 Declarants Personal Property The Declarant and any Builder reserve the right to retain all personal property and equipment used in sales management construction and maintenance of the premises that has not been represented as prope1iy of the Association The Declarant and Builder reserve the right to remove from middotthe Property within one (1) year after the sale of the last Lot or Unit any and all goods and improvements used in development marketing and construction whether or not they have become fixtures
135 Right to Amend Documents Notwithstanding anything above to the contrary this Declaration may be amended at any time without the vote of Owners by a written instrument executed by the Declarant for the purpose ofeliminating or correcting any typo graphical or other inadvertent error herein eliminating or resolving any ambiguity herein making nominal changes clarifying Declarant original intent including creation of easements deemed necessary by Declarant making any change necessary or desirable to meet the requirements of any institutional lender the Veterans Administration the Federal Housing Administration the Federal National Mortgage Association the Federal Home Loan Mortgage Corporation or any other agency which may insure or purchase loans on a Lot or a Unit No such amendment however shall materially affect any Owners interest in the Association or the Common Areas Each Owner and his mortgagees by acceptance of a deed to a Lot or Unit or a mortgage encumbering such Lot or Unit shall be deemed to have consented to and approved of the provisions of this paragraph and the amendment of this Declaration by Declarant as provided in the immediately preceding sentence All such Owners and their mortgagees upon request of Declarant shall execute and deliver from time to time all such instruments and perform all such acts as may be deemed by Declarant to be necessary or proper to effectuate the provisions of this paragraph
ARTICLE 14 DURATION AMENDMENT AND TERMINATION
141 Duration This Declaration and its provisions shall be covenants running with the land and shall bind the Property and shall (regardless of whether any such beneficiary owns an interest in any Lot or Unit) inure to the benefit of and be enforceable by Declaraqt the Association and each Owner Occupant and their legal representatives heirs devisees successors and assigns and shall continue in full force and effect for twenty (20) years from the date on which this Declaration is recorded Thereafter this peclaration shall be automatically renewed for successive ten-year periods unless amended or terminated as provided in this Article
142 Amendment Except as provided in Section 135 prior to the end of the Declarant Control Period any provision of this Declaration may be amended in whole orin part by a recorded instrument executed by D eclaraiit and approved by the Owners of at least 7 5 of all Lots or Units
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
865
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
I
~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
pmiddotage2
Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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1421 Except as provided in Sectlon 135 after the end of the Declarant Control Period any provision of this Declaration may be amended in whole or in part by a recorded instrument approved by the Owners of at least seventy-five (75) percent of all) Lots and Units
1422 All Amendments shall be executed by the Declarant and any Builder if required and shall be executed by the President and Secretary of the Association Such Amendment shall certify that the proper notices were sent and that the requisite vote was obtained middot middot
143 Termination This Declaration and the regime created thereby may be terminated only in accordance with this Section
143l Consent Required This Declaration may be terminated only upon consent of Eighty (80) Percent of the Owners and if during the Declarmiddotant Control Period by consent of the Declarant
1432 Agreement to Terminate No termination shall be effective unless an agreement to terminate is filed for record with the Lorain County Recorder Such an agreement shall be executed in the same manner as a deed by the requisite number of Owners The agreement shall provide for disposition of the Common Areas disposition of Association funds and other resolutions and provisions necessary to terminate the regime and wind up the affairs of the Association
ARTICLE 15 ) SIGN FOR SUBDIVISION
15l Sign A sign or signs and associated structures light fixtures and landscaping ( 1Sign(s) 11 )
shall be installed by the Declarant in the Common Areas The Association shall be responsible for the maintenance replacement and repair of the Sign(s) and the areas surrounding the Sign(s) and to pay all utilitymiddot expenses associated with the Sign(s) An identification sign or signs may be installed in the other subdivisions to be hereafter created within the Property provided that the Owners of Lots or Units therein shall be responsible for the costs of maintenance repair and replacement of any such sign
ARTICLE 16 MISCELLANEOUS
161 No Reverter No covenant condition restriction or reservation of easement contained inmiddot this Declaration is intended to create or shall be construed as creating a condition subsequent or a possibility of reverter
middot 162 Notices Any notice required or permitted to be given to an Owner or resident by the Board pursuant to the provisions of this Declaration shall be deemed given when mailed by
)
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
1 bull
Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
865
)
i bull
EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
I
~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
I I bull I
LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
pmiddotage2
Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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(Page4
file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
)
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
-33shy
Omiddot P1middot _
l j
I J tl gt- EXHIBITC
~
Overall Plan 128] 102651
)
)
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United States mail postage prepaid addressed to such persons last address as it appears on themiddot records of the Association
163 Construction The Bmtrd shall have the right to construe the provisions of this Declaration and in the absence of an adjudication by a court of competent jurisdiction to the contrary such construction shall be final and binding as to all persons and entities benefitted or bound by the provisions of this Declaration
164 Invalidity The determination by a court of competent jurisdiction that any provision of this Declaration is invalid for any reason shall not affect the validity of any other provision hereof middot
165 Headings The headings of the Articles are for convenience only and shall not affect the meaning or construction of the contents of this Declaration
166 Gender Throughout this Declaration the masculine gender shall be deemed to include the feminine and neuter and the singular the plural and vice versa
167 Conflict In the event of a conflict between the Restrictions or any one or more of them middot and the restrictions of any Declaration which may be recorded subsequent to this Declaration the more restrictive restriction covenant condition easement or other obligation shall control
1 bull
Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
865
)
i bull
EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
I
~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
I I bull I
LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
pmiddotage2
Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
ll 11
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
)
t middot1
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(Page4
file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
J lo
EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Executed this~day ofQJ-octz) 2005
ru tion Inc )
ThomasJ l~n~ STATE OF OHIO )
)ss COUNTY OF LORAIN )
C1bThe foregoing instrument was acknowledged before me this 31cLltlay of ~)tr 2005 by Thomas J Oster who acknowledged himself to be the President middotof Oster shy
Construction Inc and that he being authorized so to do executed the foregoing instrument and the same middotis the free act and deed of said Corporation
This Instrument Prepared By Timothy S Trigilio Esq
R~~KMCii~Trigilio amp Stephenson PLL -~~ Oi9--Y~Nt I
5750 Cooper Foster Park Road Suite 102 Notary Publlb $(ate ofOhio Lorain Ohio 44053-4132 MY-porn~ Expire$ 20fi9(440) 988-9500
865
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
I
~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
I I bull I
LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
pmiddotage2
Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
)
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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EXHIBIT A Parcel 1
Sitr~ted in the City ofLor$ CoUnt_y ofLorain State of Ohio and being known as part of middot Ori~ Lot No 1 Tract No 3 Black River fownship Also a part of the lands conveyed to Loram Land Development LLC as recorded in Instrument No s 20010732206 and 20010732207 ofthe Lorain County Land Records middot middot
middotmiddot Conunendng at a o~ iron pipe found at the intersection ofthe centerlines ofFultner Road yentd Meister Road middot middot middot middot
Thence North 89deg 56~ 33 West in the southCrlyline oflands conv~d to VeardJenna Terrace as recorded inmiddotqJt 1145 at Page 345 ofthe Lorain County Offic~al Records 857 78 fiet to a point middot middot middot
Thence South 00deg 47 44 West in the ~brlyline ofl~ds conv_eyed to ~dmiddotW ampLwna
J Go~ Michael F amp Maxine J Koury as recorded in D~V 1421 at Page 104-ofthe Lorain County Deed Records 104385 feet to the point ofbeginning for the Parcel middotherein middot described said point being witnessed by a X irol-pipe found 058 fe~t westmiddot
Thence South 00deg 47 44 West in the westerly line ofl~ conveYetl to the Lorain Land i 1 Development LLC as recorded in Instrument No 20010729273 ofthe Lorain County Land
Records 81755 feet tO an iron pin set
I
~middotmiddot~fJ Thenceleaving_saidline North 89deg 18 41 West 28L7 feet ta ail iron pin set
~ middot middot Thence North 00deg 41 bull 19 East 60~00 feet to an iron pin set
Thence North 89deg 18 41 West 25974 feet to anirltmp-in set
Thence North 00deg 49 19 East along the easterly line oflands conveyed to Lawrence and PamelaRfl(lke by Instrument No 20020853287 onfilem ~e Lorain Co~tyRecorders Office 2000d feet to middota point witnessed by a McGannon cappedpin found 035 feet west
Thence North 89deg 1_8 19 WC$t along the northerly line ofsaid lands 5000 feet to a point witn~ed by a iron pipe found 051 feet west
Thence North 00deg 49 19n East in the easterly line ofKolbe Acre3 as i6coxded in Plat ~~gt~ VollJne 17 at Page 22A of the ~rnln County Plat Recoriis and the follawing four land ~
middot owners Jesus Christ Church ofLatterDaySaints asrecordedinDV 771atPage501Jstu$~- -
E amp Nancy l) NewtonmiddotTrustees asrecarded inIu$tUtnent No 20010796874 CI~ce amp Jnnamiddot Emeri~ as recorded in DV 727 at Page 95 and Maxine R Dittmer as recorded in 0 R 1413 at Page 1052 all in the Loririn County LandRetJords a distanoe of55700 feet to a iron pipe found
Tlience South 89deg 21 51 East in the southeriy line of aforesaid Gold amp Koury lands 59128 feet to the point ofbeginning
Containingwithin said bounds 104408 acres middotof land as surveyed by KS Associates Inc in May2002
Bearings are based on Ohio State Plane NorthZone NAD83 (199_5)
All iron pinsset are 58x 30 capped rebar labeledKS ASSOCS JNG PROP MARKER
middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
pmiddotage2
Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
)
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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middot EXHIBIT A II
middotParcel 2 middot~
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LEGAL DESCRIPTION Remainder Parcel 712185 Acres
middotAgril 26 2004
Situated in the City of Lorain County of Lorain State of Ohio and known as being a part Black River Township Original Lot 1 Tract 3 and Original Lot 11 Tract 2 also apart of the lands conveyed to Lorain Land Development LLC by Instrument No s 20020857301 and
middot 20010729273 on file in the Lorain County Recorders Office being more definitelymiddot described as follows
Beginning at a X pipe found at the intersection ofthe centerlinesofFulmer Road and MeisterRoad middot middot
Thence leaving said centerline South 00deg 44 1011 West along the westerly line of lands conveyed to Paul and Richard C Ksenich by Instrument No 19980553661 on file in the Lorain County Recorders Office 42754 feetto a point witnessed by a 58 pipe found 048 fecte~ middot middot middot
Therice South 89deg 09 06 Eastalong the southerlyline of saidJ(senichs land and along the southerly line of lands conveyed to Paul and Richard C Ksenich by Instnrinent No 19980564455 amicrod along the southerly line oflands conveyed to New Sunrise Properties by Instrument No 20000709306 also Aspen Ridge Holdings Inc by 0R l315 Page 742 and the Lqrain County Boaid of Collillissioners by DV 1213 Jgtage 57 on file Ill the Lorain ltountY Recorders Office 545 l O feet to a point witnesseq by a 58 pipe found 024 feet north
Thence South Southeast and East along the lands conveyed to Oster Construction Inc by Insfuunent No 200200001206 on file inthe Lorain County Recorders Office the following three courses
Thenct South 00deg 41 53 W ~st 48783 feet to an iron pm set
Thence South 41deg 05 03 East 22198 feet to an iron pin set
Thence South 89deg 56 33 East 26249 feet to an iron pin set
Thence S~uth 00degmiddot 03 27 West along the westerly line oflands conveyed to the City of Lorain by Insfiument No 2003 0934428 on file in the Lorain County Recorders Office 6000 feet to an iron pin set on the northerly line oflands conveyed to Stenger Builders and Developers Inc (formerly Stenger Realty Company) by Instrunient No 20030934429 on
middot file in the Lorain County Recorders Ofice)
pmiddotage2
Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
)
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Thence West South and Southeastalong said lands the following three courses
Thence North 89deg 56 33 West 8799 feet to an ironpin set
Thence South 00deg 03 27- West 16681 feet to an iron pin set
Thence South 17deg 35 53 East 8413 feet to an ironpin set on the northerly line oflands conveyed to the Lorain Counfy Metropolitan Park District by Instrument No 20030971686 middot on file in the Lorain County Recorders Office
Thence along the northerly line of said lands the follovying thirty-six courses
Thence South 72deg 49 29 West 2138 feet to an fron pin set I
Thence South 12deg 59 OV West 3657 feet an ironpin set
Thence South 56deg 48 23 West 7938 feet an iron pin set
Thence South 34deg 25 16 West 9154 feet an iron pin set
Thence South 67deg 12 30 West 4852 feet an iron pin set
middot Thence South 55deg 53 34 West6027 feet an iron pin set
Thence South 09deg 42 58 West 79 21 feet an ir~n pin set
Thence North 63deg 27 20 West 3middot271 feet an iron pin set middot
Thencmiddote South 57deg 01 58 West~ 15 06 feet an iron pin set
Thence South 12deg 51 01 West 3133 feet an iron pin set
Thence South 60deg 41 13 11 West 5413 feet an iron pin setmiddot
Thence South 86deg 00 44 West 4567 feet an iron pin set
middotThence South 57deg 50 14West 7472 feet an iron pin set
Thence South 35deg 51 31 West ~336 feet an ironmiddotpin set
Thence South 47deg 18 45 Wyst 2098 feet an itop pin set
Tben~e South 73deg 18 46 West 6470 feet an iron pin set
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
)
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
)
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Th~nc~ South 61deg 42 00 V~st 13063 feet an iron Pit set
Thence South 08deg OY 04n West 6712 feet an iron pin set
Thence South 34deg 23 12 West 5374 feet an iron pin set
Thence South 36deg 23 02 West 2647 feet an iron pin set
Thence South 45deg 13 15 West 5540 feet an iron pin set middotmiddot
Thence South 47degmiddot 56 55 11 West 5817 feet an iron pin set
Then~e South50deg 16 35 West 58li ~eet an iron pin set
Thence South 52deg 30 14 West S3l7 feet an iron pin set
Then~e South 54deg 53 12 West 5498 feet aniron pin set
Thence South 56deg 55 13 West 5000 feet anironpin set )
Thence continuing South 56deg 551 13 West 6151 feet an iron pin set
Thencemiddot South 22deg 29 31 West 119 95 feet an iron pin set
Thence South 32deg 06 05 West 5middot899 feet an iron pin set
Thence South 51deg 39 58 West 7931 feet an iron piri set
Thence South 71 deg 13 51 11 West 79 31 feet an iron pin set
Thence North 89deg 12 16 West 32874feetanironpinset
Thence North 68deg 23 44 West 8189 feet an iron pin set
Thence Nortb48deg 491 51 West 79J1 feet anironp~nset
Thence North 29deg 15 58 West 7926 feet an iron pin set
Thence North 09deg 43 28 West 6078 feet an iron pm set
Thence North 00deg 47 44 East along the easterly line of said lands and along the easterly line of lands conveyed to Lorain Land Development by Intrument No 200209052002 on
)
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
R0300003042WORD712185 Ac Remainderdoc
J lo
EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
)
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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file in the Lorain County Recorders Office also along the easterly line of lands conveyed to Lee H and Carol K Tarney by Instrument No 20020844447 and the easterly line oflands conveyed to West Lake Gardens Association by DV1270Page 256 on file in the Lorain County Recorders Office 230565-feet to a point witnessed by a 58 capped rebar labeled (WEISS 4759-6627) found 008 feet north and010 feet West and a Bramhall capped rebar found 070 feet south and 078 feet west
Thence South 89deg 56 33 East albng the southerly line oflands conveyed to Veard Jenna Terrace Limited Partnership by OR 1145 Page 345 on file in the Lorain County Recorder1s Office 85778 feet to lhe point of beginnin~
Containing within said bounds 712185 acres ofland ofdegwhich 229890 acres lie in Lot 11 and 482295 acres lie in Lot 1 as surveyed by KS Associates Inc under the supervision of David L Elwell Ohio Professional S~eyor No 6333 tu Aprll 2003
All iron pins set are 58 11 x 30 c~pped ~ebar inscribed KS AS SOCS INC PROP MARKER
Bearings are basedon Ohio State Plane North Zone NAD83 (1995)Grid North
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Situated ill the City of Lorain County of Lorain State of Ohio and being known as a part of Original Black River Township Lot 11 Tract 2 being more definitely described as follows
Commencing at an iron pin found within a monument box at the intersection of the centerlines ofMartins Run Drive and Jones Drive
Thence North 76deg 1358 West along the centerline of Martins Run Drive 11368 feet to a point
Thence continuing along said centerline and along the arc of a curve which deflects to the left 14888 feet to a point said curve having a radius of 100000 feet a central angle of 08deg 31 48 and a chord of 14874 feet which bears North 80deg 2952 West
Thence leaving said centerline North 05deg14 15 East 3000 feet to a KS capped pin found on the northerly right of way of Martins RunD~ive and the True Point of Beginning for the parcel herein described middot
Thence along said right ofway and along the northerly line of land conveyed to the City ofLorain by Instrument No 20030934428 on file in the Lorain County Recorders Office and along the arc of a curve which deflects to the left 93 12 feet to a point said curve having a radius of 103000 feet a central angle of05deg1047 and a chord of 9308 feet which bears North 87deg 21 09 West
Thence continuing along said northerly line of the City of Lorain la11d North 89deg 5633 West 68786 feet to the northeasterly comer of the Gardens at Morningside Subdivision No 1 as recorded in Plat Volume 85 pages 60-63 on file in the Lorain County Recorders Office
Thence along the northerly line of said subdivision and along the arc of a curve which deflects to the right 12040 feet to a point said curve having a radius of 47000 feet a central angle of 14deg 4039 and a chord of 12007 feet which bears North 82deg 3615 West
Thence continuing along said line North 75deg 1556 West 21018 feet to an iron pin set on the easterly line of lands conveyed to Oster Construction Inc by Instrument No 20040006210 on file in the Lorain County Recorders Office
Thence North 41deg 0503 West along said line 13090 feet to an iron pin set
Thencecontinuing along said line and along the easterly line ofland conveyed to the Board of Commissioners of Lorain County by Deed Volume 1213 Page 57 North 00deg 4155 East 50286 feet to an iron pin set
Thence leaving said line South 89deg 5633 East 43789 feet to an iron pin set
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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EXIBITB LEGAL DESCRIPTION FOR THE ADDITIONAL LAND
Thence North 06deg 3857 East 2868 feet to a point on the southerly right of way of James Madison Drive
Thence South 83deg 2103 East along said right of way and along the southerly line of Martins Run Village Subdivision No 1 as recorded in Plat Volume 74 Pages 54-56 on file in the Lorain County Recorders Office 7400 feet to a KS capped pin found
Thence South 89deg 5633 East along said southerly line 72707 feet to a KS capped pin found on the westerly line of The Landings at Martins Run Subdivision No 1 as recorded in Plat Volume 73 Pages 30-31 on file in the Lorain County Recorders Office
Thence along said line of the following eleven courses
Thence South 29deg 4249 East 2103 feet to a KS capped pin found
Thence South 45deg 5825 East 6143 feet to a KS capped pin found
Thence South 62deg 1402 East 6143 feet to a KS capped pin found
Thence South 78deg 2939 East 3071 feet to a KS capped pin found
Thence South 27deg 01 22 East 2798 feet to a KS capped pin found
Thence South 71deg 034T West 12079 feet to a KS capped pin found
Thence South 45deg1351 West 12593 feet to a KS capped pin found
Thence South 06deg 23 03 West 14105 feet to a KS capped pin found
Thence South 32deg2745 East 12132 feet to a KS capped pin found
Thence South 34deg1839 West 7710 feet to a KS capped pin found
Thence South 05deg14 15 West 14000 feet to the point of beginning
Containing within said bounds 188824 acres ofland as surveyed by KS AssociatesJnc in September 2005 middot middot
All KS capped iron pins found or set are 58 x 30 capped rebar labeled KS AS SOCS INC PROP MARKER
Bearings are based on Ohio State Plane North Zone NAD83 (1995)
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Overall Plan 128] 102651
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Overall Plan 128] 102651
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