WARRANTY DEED OF LAKE MOHAWK
BEING ALL OF LOT(S) #________ OF LAKE MOHAWK SUBDIVISION MAP #________, AS THE SAME DESIGNATED NUMBER AND KNOW ON THE RECORDED PLAT THEREOF, VOLUME #________, PAGE #________, PLAT RECORDS OF CARROLL COUNTY, OHIO, BE THE SAME MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS, RIGHT OF WAYS AND RESTRICTIONS OF RECORD. BEING A PART OF THE SAME PREMISES AS CONVEYED TO THE GRANTOR HEREIN BY DEEDS RECORDED VOLUME 141, PAGES 359, 472, 481, 512, 610, 627,652, 697, 746, 776, 778, 780,789, 793, 805, 840, 854, 862 AND VOLUME 142, PAGE 115, DEED RECORDS OF CARROLL COUNTY.
TOGETHER WITH THE RIGHT IN COMMON WITH OTHER OWNERS OF LOTS IN SAID SUBDIVISION TO USE FOR ALL USUAL PURPOSES THE STREETS, WAYS, BEACHES, RECREATION AREAS AND OTHER PUBLIC AREAS, AS SHOWN ON THE SAID PLAT, AND THE RIGHT IN COMMON WITH THE OTHER OWNERS OF LOTS IN THE SAID SUBDIVISION TO USE THE LAKE AND BEACHES FOR SWIMMING, FISHING AND BOATING IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE LAKE MOHAWK PROPERTY OWNERS ASSOCIATION, INC., OR ITS ASSIGNS.
THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING RESTRICTIONS, WHICH ARE EXPRESSLY EXCEPTED FROM THE COVENANTS OF WARRANTY HEREIN CONTAINED:
1) SAID LOTS SHALL BE USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES EXCEPT THOSE LOTS THAT MAY BE DESIGNATED, SUBJECT TO TOWNSHIP RE-ZONING AND ZONED AS BUSINESS OR COMMERCIAL AREAS ON THE PLATS BY LAKE MOHAWK, INC.
2) NOT MORE THAN ONE SINGLE FAMILY DWELLING HOUSE MAY BE ERECTED OR CONSTRUCTED ON ANY ONE LOT, NOR MORE THAN ONE BUILDING FOR GARAGE OR STORAGE PURPOSES AND PROVIDED FURTHER THAT NO BUILDING OR STRUCTURE OF ANY KIND SHALL BE ERECTED PRIOR TO THE ERECTION OF A DWELLING HOUSE. NO ACCESSORY OR TEMPORARY BUILDING SHALL BE USED OR OCCUPIED AS LIVING QUARTERS. NO STRUCTURE SHALL HAVE TARPAPER, ROLL BRICK SIDING OR SIMILAR MATERIAL ON OUTSIDE WALLS. NO HOUSE TRAILERS, TENTS, SHACKS, OR SIMILAR STRUCTURES SHALL BE ERECTED, MOVED TO OR PLACED UPON SAID PREMISES. ALL BUILDINGS MUST BE COMPLETED WITHIN SIX (6) MONTHS FROM THE DATE THE CONSTRUCTION COMMENCES.
3) NO RESIDENCE LOCATED ON A WATERFRONT LOT SHALL HAVE LESS THAN 900 SQ FT OF LIVING SPACE ON THE GROUND FLOOR, OR FIRST FLOOR, EXCLUSIVE OF PORCH AREA. ON ALL RESIDENTIAL LOTS OTHER THAN WATERFRONT LOTS, NO RESIDENCE SHALL HAVE LESS THAT 720 SQ FT OF LIVING SPACE ON THE GROUND FLOOR OR FIRST FLOOR, EXCLUSIVE OF PORCH AREA. ALL FOUNDATION AND STRUCTURAL PLANS FOR ANY BUILDING OR STRUCTURE ARE SUBJECT TO THE APPROVAL OF LAKE MOHAWK, INC., OR ITS ASSIGNS. NO PORCH OR PROJECTION OF ANY BUILDING SHALL EXTEND NEARER THE THIRTY (30) FT FROM ANY ROAD RIGHT OF WAY, NOR NEARER THAN TEN (10) FT FROM THE PROPERTY LINE OF ANY ABUTTING PROPERTY OWNER, NOR WITHIN FIFTY (50) FT FROM THE NORMAL HIGH WATER LINE OF LAKE MOHAWK, EXCEPT AS SHOWN ON RECORDED PLATS.
4) NO OUTSIDE TOILETS SHALL BE ALLOWED. NO WASTE SHALL BE PERMITTED TO ENTER INTO LAKE MOHAWK, AND ALL SANITARY ARRANGEMENTS MUST CONFORM WITH RECOMMENDATIONS OF THE BOARD OF HEALTH OF CARROLL COUNTY AND THE STATE OF OHIO AND/OR LAKE MOHAWK, INC., OR ITS ASSIGNS. BEFORE ANY SEPTIC TANK OR ANY OTHER WASTE DISPOSAL SYSTEM IS CONSTRUCTED, THE OWNER SHALL SECURE PLANS AND SPECIFICATIONS FROM THE COUNTY BOARD OF HEALTH OF THE STATE OF OHIO,AND CONSTRUCT SAID SYSTEM IN ACCORDANCE WITH SAID PLANS. NO DRAIN FIELD,OR OTHER DISPOSAL SYSTEM SHALL BE ALLOWED NEARER THAN SIXTY (60) FT FROM THE NORMAL HIGH WATER MARK OF LAKE MOHAWK.
5) NO NOXIOUS OR OFFENSIVE TRADE OR ACTIVITY SHALL BE PERMITTED ON ANY LOT, NOR SHALL ANYTHING BE DONE THEREON WHICH SHALL BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD. NO ANIMALS OR FOWL SHALL BE KEPT OR MAINTAINED ON SAID LOT EXCEPT CUSTOMARY HOUSEHOLD PETS. NO SIGNS OF ANY KIND SHALL BE DISPLAYED ON ANY LOT WITHOUT THE WRITTEN PERMISSION OF LAKE MOHAWK, INC., OR ITS SUCCESSORS OR ASSIGNS.
6) NO BOAT DOCKS, FLOATS OR OTHER STRUCTURES EXTENDING INTO THE LAKE SHALL BE CONSTRUCTED OR PLACED INTO OR ON SAID LAKE WITHOUT PRIOR WRITTEN APPROVAL OF LAKE MOHAWK, INC., IS SUCCESSORS OR ASSIGNS. USE OF THE LAKE SHALL BE IN COMPLIANCE WITH THE RULES AND REGULATIONS OF THE LAKE MOHAWK PROPERTY OWNERS ASSOCIATION, INC.
7) LAKE MOHAWK, INC. FOR ITSELF, ITS SUCCESSORS AND LICENSEES RESERVE A TEN (10) FT WIDE EASEMENT ALONG ALL ROAD RIGHT-OF-WAY AND FIVE (5) FT WIDE EASEMENT ALONG THE SIDE AND REAR LINES OF EACH AND EVERY LOT FOR THE PURPOSE OF INSTALLING, OPERATING AND MAINTAINING UTILITY LINES AND MAINS THEREON, TOGETHER WITH THE RIGHT TO TRIM AND/OR CUT OR REMOVE ANY TREES AND/OR BRUSH AND THE RIGHT TO LOCATE GUY WIRE, BRACES AND OR ANCHORS WHEREVER NECESSARY FOR SAID INSTALLATIONS, OPERATIONS OR MAINTENANCE; TOGETHER WITH THE RIGHT TO INSTALL, OPERATE AND MAINTAIN GAS AND WATER MAINS AND OTHER SERVICES FOR THE CONVENIENCE OF THE PROPERTY OWNERS AND APPURTENANCES THERETO, SEWER LINES, CULVERTS, AND DRAINAGE DITCHES, RESERVING ALSO THE RIGHTS OF INGRESS AND EGRESS TO SUCH AREAS FOR ANY OF THE PURPOSES MENTIONED ABOVE. EXCEPT WHERE AN OWNER OF TWO (2) OR MORE ADJOINING LOTS CONSTRUCTS A BUILDING WHICH SHALL CROSS OVER OR THROUGH A COMMON LOT LINE, SAID COMMON LOT LINE SHALL NOT BE SUBJECT TO THE AFOREMENTIONED FIVE (5) FT EASEMENT EXCEPT AS SHOWN ON THE RECORDED PLATS. ALSO EXCEPT THAT NO EASEMENT SHALL EXIST ON THAT PORTION OF ANY WATERFRONT LOT RUNNING ALONG OR ABUTTING THE SHORELINE OF LAKE MOHAWK, INC.,WHO FOR ITSELF, ITS SUCCESSORS, ASSIGNS AND LICENSEES ALSO RESERVE THE RIGHT TO CAUSE OR PERMIT DRAINAGE OF SURFACE WATER OVER AND/OR THROUGH SAID LOTS. LAKE MOHAWK, INC., ITS SUCCESSORS OR ASSIGNS, RESERVES AN EASEMENT ON, OVER AND UNDER ALL ROAD RIGHTS-OF-WAY FOR THE PURPOSE OF INSTALLING, OPERATING, AND MAINTAINING ABOVE MENTIONED UTILITIES AND DRAINAGE. THE OWNERS OF SAID PROPERTY SHALL HAVE NO CAUSE OF ACTION AGAINST LAKE MOHAWK, INC., ITS SUCCESSORS, ASSIGNS, OR LICENSEES EITHER AT LAW OR IN EQUITY EXCEPTING IN CASE OF WILLFUL NEGLIGENCE, BY REASON OF ANY DAMAGES CAUSED SAID PROPERTY IN INSTALLING, OPERATING, REMOVING OR MAINTAINING ABOVE-MENTIONED INSTALLATIONS.
8) EACH PURCHASER IN LAKE MOHAWK SHALL BE SUBJECT TO AN ANNUAL CHARGE OF $20 WHICH PURCHASER AGREES TO PAY LAKE MOHAWK PROPERTY OWNERS ASSOCIATION, INC., ITS SUCCESSORS, AND ASSIGNS, ANNUALLY ON THE FIRST DAY OF MARCH COMMENCING IN THE SECOND YEAR FOLLOWING THE DATE OF THIS AGREEMENT, FOR THE MAINTENANCE AND UPKEEP OF THE VARIOUS AREAS RESERVED FOR THE USE OF THE PROPERTY OWNERS, IRRESPECTIVE OF WHETHER THE PRIVILEGES OF USING SAID AREAS ARE EXERCISED OR NOT. PURCHASER FURTHER AGREES THAT THE USE OF ANY OF THE ABOVE MENTIONED AREAS SHALL BE SUBJECT TO APPROVAL OF PURCHASER FOR MEMBERSHIP IN THE LAKE MOHAWK PROPERTY OWNERS ASSOCIATION, INC., AS HEREIN PROVIDED, AND TO COMPLY WITH ALL THE RULES AND REGULATIONS FROM TIME TO TIME PROMULGATED BY SAID ASSOCIATION. PURCHASER FURTHER AGREES THAT THE CHARGES AS HEREIN SET FORTH, SHALL BE AND CONSTITUTE A DEBT WHICH MAY BE COLLECTED BY SUIT IN ANY COURT OF COMPETENT JURISDICTION, OR OTHERWISE; AND THAT UPON THE CONVEYANCE OF ANY PART OF THE LANDS, DESCRIBED HEREIN, THE GRANTEE THEREOF,AND EACH AND EVERY SUCCESSIVE OWNER AND/OR OWNERS SHALL FROM THE TIME OF ACQUIRING TITLE AND BY ACCEPTANCE OF SUCH TITLE BY DEED OR OTHERWISE BE HELD TO HAVE COVENANTED AND AGREED AS AFORESAID TO PAY LAKE MOHAWK PROPERTY OWNERS ASSOCIATION, INC., ITS SUCCESSORS AND ASSIGNS, ALL CHARGES, PAST AND/OR FUTURE, AS PROVIDED FOR IN, AND IN STRICT ACCORDANCE WITH, THE TERMS AND PROVISIONS HEREOF.
9) THE PURCHASER AGREES THAT AS A CONSIDERATION OF SALE, AND AS A CONDITION PRIOR TO THE INSTALLATION OF WATER MAINS ADJACENT TO THE LOT AS HEREIN DESCRIBED ON THE MAP OF LAKE MOHAWK, INC., WHICH SAID MAINS ARE TO BE LOCATED BY LAKE MOHAWK, INC., HEREIN AFTER REFERRED TO AS THE SELLER, OR ITS ASSIGNS, THAT THE UNDERSIGNED PURCHASER(S) JOINTLY AND SEVERALLY PROMISE TO PAY TO THE SELLER OR ORDER, A MINIMUM OF FOUR DOLLARS ($4) PER MONTH, PAYABLE ANNUALLY ON THE FIRST DAY OF APRIL EACH YEAR SO LONG AS WATER IS AVAILABLE FOR USE. THE PAYMENTS ARE TO BE COMPUTED ON THE BASIS OF BEGINNING WITH WHICHEVER MONTH IMMEDIATELY FOLLOWS AVAILABILITY OF WATER SERVICE TO SAID PURCHASER, WHETHER OR NOT AN ACTUAL CONNECTION IS MADE BY THE PURCHASER TO THE MAINS. THE SELLER, OR ITS ASSIGNS, UPON RECEIVING WRITTEN REQUEST FROM THE PURCHASER AND ONE HUNDRED AND NINETY FIVE DOLLARS ($195), WILL INSTALL A WATER CONNECTION FROM THE MAIN TO THE PURCHASER'S LOT LINE. THESE CHARGES ARE SUBJECT TO CHANGE BY THE PUBLIC UTILITIES COMMISSION OF OHIO. IT IS UNDERSTOOD AND AGREED THAT THE ABOVE MENTIONED CONSIDERATION, IF UNPAID, SHALL CONSTITUTE A LIEN ON OR AGAINST SAID LOT, TRACT OR PARCEL OF LAND, WHICH LIEN SHALL BE EQUAL TO AND SHALL PARTICIPATE JOINTLY WITH OTHER FIRST LIENS FOR CONSTRUCTION PURPOSES HEREAFTER PLACED ON SAID LAND, BUT INFERIOR TO THOSE IMPOSED FOR GOVERNMENTAL PURPOSES. EXCEPTIONS AND FURTHER EXPLANATIONS PERTAINING TO CONDITIONS FOR WATER SERVICE HAVE BEEN RECORDED IN THE OFFICE OF THE RECORDER OF CARROLL COUNTY, OHIO AND ARE HEREBY INCORPORATED IN AND EXPRESSLY MADE PART OF THIS AGREEMENT BY REFERENCE.
10)THESE RESTRICTIONS SHALL BE CONSIDERED AS COVENANTS RUNNING WITH THE LAND, AND SHALL BIND THE PURCHASER(S), THEIR HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, AND IF SAID OWNERS, THEIR HEIRS,EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS, SHALL VIOLATE OR ATTEMPT TO VIOLATE, ANY OF THE COVENANTS OR RESTRICTIONS HEREIN CONTAINED, IT SHALL BE LAWFUL FOR ANY PERSON OR PERSONS OWNING ANY SUCH LOTS IN THE SUBDIVISION TO PROSECUTE ANY PROCEEDING AT LAW OR IN EQUITY AGAINST THE PERSON OR PERSONS VIOLATING OR ATTEMPTING TO VIOLATE ANY SUCH COVENANTS OR RESTRICTIONS AND EITHER TO PREVENT HIM OR THEM FROM SO DOING, OR TO RECOVER DAMAGES FOR SUCH VIOLATION. ALL OF THE RESTRICTIONS, CONDITIONS, COVENANTS OR AGREEMENTS CONTAINED HEREIN SHALL CONTINUE UNTIL JANUARY 1, 1973. THE SAME MAY BE THEREAFTER, AND FROM TIME TO TIME, CHANGED, ALTERED, AMENDED OR REVOKED IN WHOLE OR IN PART BY THE OWNERS OF THE LOTS IN THE SUBDIVISION WHENEVER, THE OWNERS OF AT LEAST TWO THIRDS OF THE SAID LOTS AGREE IN WRITING. PROVIDED, HOWEVER, THAT NO CHANGES SHALL BE MADE WHICH MIGHT VIOLATE THE PURPOSE SET FORTH IN RESTRICTION NUMBER ONE (#1). ANY INVALIDATION OF ANY ONE OF THESE COVENANTS OR RESTRICTIONS SHALL IN NO WAY AFFECT ANY OTHER OF THE PROVISIONS THEREOF WHICH SHALL THEREAFTER REMAIN IN FULL FORCE AND EFFECT.
