Protective Covenants and Restrictions 

RUSTLING BROOK ESTATES

Restrictive Covenants

1. All land in this subdivision shall be known as single family home-sites and for agricultural purposes, no building shall be built nearer than the minimum building line as shown on the flat.

2. No animals, livestock or poultry of any kind shall be raised, bred or kept except that dogs, cats or other household pets may be kept provided that thy are not kept, bred, boarded or maintained for any commercial purpose, except that five (5) animals, either horses, ponies or cattle, but at no time more than two (2) head of cattle may be kept in addition to the aforementioned household pets, and except that no tracts of more than five (5) acres, one (1) additional animal per acre either horses, ponies or cattle: but at no time more than three (3) head of cattle may be kept in addition to the aforementioned household pets, provided that acceptable fencing (article 7) is adequately maintained.

3. No noxious or offensive activity shall be carried on upon any lot nor shall anything be done, placed or stored thereon which may be or may become an annoyance or nuisance to the neighborhood, or occasion any noise or offensive odor which might distrub [disturb] the peace, comfort or serenity of the occupants or neighboring properties.

4. All building exteriors shall be covered by drop siding, wood, stone, or brick.  Roof shall be covered with composition or asphalt shingles or approved built up roofing.  Roll roofing is not permitted.  No single residence shall be erected or placed on any lot having a living ground floor area of less than 2,000 square feet for full basement dwellings and not less than 2,000 square feet for non-basement single story houses, excluding garage. Two (2) story houses shall have a minimum of 1,600 square feet on the first floor, excluding garage.

5. No house trailer, defense cabin, tent or shack is permitted on this land, nor is any basement, garage or other outbuildings of any kind to be used as temporary or permanent residence.

6. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.  Any lot area designated for the natural flow of surface water shall at all times be kept free from any obstructions to the natural flow of surface water and any improvement made on or under easement by the property owner are at the risk of the property owner.

7. No fence shall be erected nearer the road than twenty five (25) feet from the centerline of the road or on the edge of the easement whichever is greater.  The fence fronting on the road shall not be constructed of  barbwire, chain link or farm fence.  No garden shall be planted any nearer road than the extension of the rear line of the residence or eighty (80) feet, whichever is greater.

8. No sod, earth, sand, stone or trees shall be removed from any lot to the injury of the value or appearance of the tract.

9. No unused building material, junk or rubbish shall be left exposed on any lot except during actual building operation.

10. No worn out or discarded automobiles, machinery or vehicles or parts thereof shall be stored on any lot in this 195 acre tract and no part thereof shall be used for automobile junk piles or the storage of any kind of junk or waste material.  Commercial vehicles, house trailers and trucks (in excess of one ton) must be parked in an enclosed garage over night and not allowed to remain in front, back or sides of lot.

11. The premises must be kept neat and clean, the buildings well painted and weeds and underbrush must be kept under control at all times.

12. The grantors and grantee(s) hereby agree that the easement for ingress and egress shall be designated as a common driveway and all repairs and maintenance shall be divided equally along all abutting property owners to said driveway or easement and there shall be a lien reserved to the grantors herein for the preservation and maintenance of said driveway or easement.

RUSTLING BROOK ESTATES
Lantz Road

Protective Covenants and Restrictions

1. These covenants and restrictions are to run with the land consisting of 195 acres, more or less, located in Beavercreek Township, Green County, Ohio, conveyed to the Grantor of the Deed Records of Greene County, Ohio and all persons claiming under them until January 1, 1985, at which time said covenants and restrictions are automatically extended for successive ten (10) year periods; unless, by a vote of a majority of the property owners claiming under them , those covenants and restrictions are amended or terminated.

2. These covenants and restrictions shall be enforceable by injunction or otherwise by the Grantor, its successors or assigns.

3. Invalidation of any one of the covenants and restrictions by judgement or court order shall in no way effect any of the other provisions which shall remain in full force and effect.

4. No animals, livestock or poultry of any kind shall be raised, bred or kept except that dogs, cats or other household pets may be kept provided that they are not kept, bred, boarded or maintained for any commercial purpose, except that five (5) animals, either horses, ponies or cattle, but at no time more than two (2) head of cattle may be kept in addition to the aforementioned household pets, and except that on tracts of more than five (5) acres, one (1) additional animal per acre, either horses, ponies or cattle; but at no time more than three (3) head of cattle may be kept in addition to the aforementioned household pets, provided that acceptable fencing (Article 9) is adequately maintained.

5. No noxious or offensive activity shall be raised (?) upon any lot, nor shall anything be done, placed or stored thereon which may be or may become an annoyance or nuisance to the neighborhood, or occasion any noise or offensive odor which will or might disturb the peach, comfort or serenity of the occupants or neighboring properties.

6. All building exteriors shall be covered by drop siding, wood, stone, or brick.  Roof shall be covered with composition or asphalt shingles or approved built up roofing.  Roll roofing is not permitted.  No single residence shall be erected or placed on any lot having a living ground floor area of less than 2,000 square feet for full basement dwellings and not less than 2,000 square feet for non-basement single story houses, excluding garage. Two (2) story houses shall have a minimum of 1,600 square feet on the first floor, excluding garage.

7. No house trailer, defense cabin, tent or shack is permitted on this land, nor is any basement, garage or other outbuildings of any kind to be used as temporary or permanent residence.

8. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.  Any lot area designated for the natural flow of surface water shall at all times be kept free from any obstructions to the natural flow of surface water and any improvement made on or under easement by the property owner are at the risk of the property owner.

9. No fence shall be erected nearer the road than twenty five (25) feet from the centerline of the road or on the edge of the easement whichever is greater.  The fence fronting on the road shall not be constructed of  barbwire, chain link or farm fence.  No garden shall be planted any nearer road than the extension of the rear line of the residence or eighty (80) feet, whichever is greater.

10. No sod, earth, sand, stone or trees shall be removed from any lot to the injury of the value or appearance of the tract.

11. No unused building material, junk or rubbish shall be left exposed on any lot except during actual building operation.

12. No worn out or discarded automobiles, machinery or vehicles or parts thereof shall be stored on any lot in this 195 acre tract and no part thereof shall be used for automobile junk piles or the storage of any kind of junk or waste material.  Commercial vehicles, house trailers and trucks (in excess of one ton) must be parked in an enclosed garage over night and not allowed to remain in front, back or sides of lot.

13. The premises must be kept neat and clean, the buildings well painted and weeds and underbrush must be kept under control at all times.

14. All land in this subdivision shall be known and used as single family homesites and for agricultural purposes.  No buildings shall be built nearer than sixty (60) feet of the street right of way, and no other buildings shall be built nearer the street than the extension of the rear line of the residence.

15. The grantors and grantee(s) hereby agree that the easement for ingress and egress shall be designated as a common driveway and all repairs and maintenance shall be divided equally along all abutting property owners to said driveway or easement and there shall be a lien reserved to the grantors herein for the preservation and maintenance of said driveway or easement.