Common Area Fence & Landscape Variance

VARIANCE TO RESTRICTIVE COVENANTS

Recorded - Franklin Co., Ohio - Dec 1, 1999 2:37pm

199912010296986

WHEREAS, Dominion Homes, Inc., as Grantor, filed for record Special Warranty Deeds setting forth restrictions applying to lots in Ashbrook Village Section 1, Ashbrook Village Section 2 Part 1, Ashbrook Village Section 2 part 2, Ashbrook Village Section 3 Part 1, Ashbrook Village Section3 Part 2, and Ashbrook Village Section 4 Part 1, which restrictions are of record at O.R. Volume 29296, page A01, O.R. Volume 32954, page G19, O.R. volume 33777, page F18, and Instrument Nos. 199712290177063, 199902090034505 and 199905050113943, respectively, Recorder's Office, Franklin County, Ohio.; and

WHEREAS, Dominion Homes, Inc., as part of its development of the Ashborrk Village subdivision, installed landscaping fencing along the entrance to the subdivision; and

WHEREAS, Dominion Homes, Inc. as Grantor, desires to exercise its authority to grant a variance to allow said landscaping fences to be maintained, repaired and replaced. Notwithstanding that it may not meet the requirements under Article One, Section 14 for fences generaly under the Restrictions and notwithstanding that the Restrictions for Ashbrook Village did not specifically address said landscaping and fences; and

WHEREAS Article One, Section 20 provides, "So long as Grantor owns one (1) or more lots in the subdivision, Grantor shall have the right to grant variance(s) to these restrictions; and

WHEREAS, Dominion Homes, Inc., is currently the owner of one or more lots in said subdivision; and

NOW, THEREFORE, in consideration of One Dollar ($1.00) and other consideration paid, the undersigned agrees as follows:

1. A variance is hereby granted to authorize and permit fences installed by Grantor or the Association within any common area or landscape or entry easement area notwithstanding any inconsistency with the provisions of Article One, Section 14 of the Restrictions, and to authorize and permit Grantor or the Association to maintain, repair or replace such fencing.

2. This variance shall run with the land and inure to the benefit of the owners, their heirs, successors and assigns.

IN WITNESS WHEREOF, Dominion Homes, Inc. has hereunto caused this instrument to be executed by its dully authorized officer this 29th day of November, 1999.

Signed and acknowledged in the presence of:

Susan Blanc

Robert A Meyer, Jr. (Senior Vice President)

Patty G. Crocker (Notary Public)

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