Pickerington Area Taxpayers Alliance

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. ' .. .
Developers or each of them, or the holders of any outstanding Community Authority bonds, notes
or loans issued under Chapter 349 of the Ohio Revised Code or provider of a ''Credit facility'' as
defined in Section 9.98(G) of the Ohio Revised Code have consented to any such amendment or
supplement of this Declaration. Such determinations of the Secretary shall be conclusive against
all Owners.
9.03. Consent of Private Developer ReQuired Durint! Development Period.
Notwithstanding any other provision of this Declaration, no amendments or supplements to this
. Declaration made during the Development Period shall be permitted without the written consent of
the Private Developers.
9.04 Consent of School District. Notwithstanding any other provision of this
Declaration, no amendments or supplements to this Declaration shall be permitted without the
written consent of the School District Board of Education.
9.05. Recordint! of Amendments. Promptly after any amendment or supplement of this
Declaration, the Secretary shall cause to be Recorded a written instru'ment certified by the
Secretary setting forth such amendment or supplement and stating that any required written
consents were obtained.
ARTICLE X
MISCELLANEOUS
10.01. Priority. The Restrictions contained in this Declaration shall take priority over all
other covenants, conditions, restrictions or easements applicable to any Parcel whatsoever, to the
extent permitted by law and except as otherwise provided herein.
10.02. Reservation. Subject to the Declaration being recorded, but prior to the District
being created pursuant to Chapter 349, any of the Private Developers may sell to purchasers (the
''Purchasers'') 1 ots which may comprise a p art of t he Property and b e included asp art 0 f the
District (the ''Lots''). Purchaser, and Purchaser's successors and assigns, shall bed eemed an
Owner and shall take title to the Lots subject to the Declaration. In order to more fully provide for
the inclusion of the Lots as part of the District, the individual Private Developers hereby reserve to
themselves and their successors and assigns a reservation in the Lots and a beneficial interest and
control therein solely for the purpose of including the Lots as part of the District. In consideration
of the transfer of a Lot to a Purchaser, a Purchaser shall take title to a Lot subject to such
reservation, and in recognition, of such reservation, and in order to more fully evidence Private
Developer's reservation. Purchaser irrevocably constitutes and appoints the individual Private
Developer as such Purchaser's true and lawful attorney-in-fact, coupled with an interest, in such
Purchaser's name, place and stead for the limited purpose of taking, and delegates to the individual
Private Developers the authority to take, all such action that is necessary and appropriate, in
accordance with Chapter 349, to include a Purchaser's Lot within the District. Acceptance by a
Purchaser of a deed or other instrument of conveyance from the individual Private Developers or
from any other Owner shall constitute appointment of the attorney-in-fact as provided herein. The
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durable power of attorney is coupled with an interest and shall not be affected by the death or
disability of the Purchaser.
i
I 10.03. No Reverter. No covenant, condition, restriction or reservation contained in this
Declaration is intended to create or shall be construed as creating a possibility of reverter or, except
as provided in Sections 5.01 and 8.01, a condition subsequent.
10.04. Severability. In case any section or provision of this Declaration or any
.' Restriction, agreement, obligation, act or action or part thereof, made, assumed, entered into, done
or taken under this Declaration or a Restriction or any application thereof, is held to be illegal or
invalid for any reason, or is inoperable at any time, that illegality, invalidity or inoperability shall
not affect the remainder of this Declaration or any other section or provision of this Declaration or
any other Restriction, agreement, obligation, act or action, or part thereof, made, assumed, entered
into, done or taken under this Declaration, all of which shall be construed and enforced at the time
as if the illegal, invalid or inoperable portion were not contained therein. Any illegality, invalidity
or inoperability shall not affect any legal, valid and operable section, provision, restriction,
agreement, obligation, act, action, part, or application, all of which shall be deemed to be effective,
operative, made, assumed, entered into, done or taken in the manner and to the full extent
I permitted by law from time to time.

10.05. Construction. The Board, where specifically authorized herein to act, 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 benefited or bound by the provisions of this Declaration.
10.06. Headin2s. The headings of the Articles and Sections are for convenience only and
shall not affect the meaning or construction of the contents of this Declaration.
10.07. Interpretation and References. Any reference in this Declaration to a section or
provision of the Ohio Revised Code or to the laws of Ohio shall include that section or provision
and those laws as from time to time amended, modified, revised, supplemented or superseded.
c However, no such amendment, modification, revision, supplementation or supersession, or further
~'''i,; action by the General Assembly, shall alter the obligation to pay the Community Development
;?§~;~X charge in the amount and manner and at the times provided in this Declaration, or otherwise impair
~i;'',i the application of the Restrictions, except to the extent that the Restrictions cannot be sustained by ,.
,;:'':- reason of such amendment, modification, revision, ample orientation or supersession.
i::; Unless the context otherwise indicates, the masculine gender shall be deemed to include (.c , .
i'~'c'' the feminine and neuter, and the singular shall be deemed to include the plural, and VIce versa.
& References in this Declaration to sections and articles, unless otherwise stated, are to
.'' sections and articles of this Declaration. The terms ''hereof, ''herein'', ''hereby'', ''hereto'', and
''hereunder'', and similar terms, mean and refer to this Declaration.



. . .
IN WITNESS WHEREOF, the Private Developer below and attached have caused this
Declaration to be executed by its duly authorized office, partner or member as of the day and year
first above written.
I
PRIVATE DEVELOPERS:
City of Pickerington, an Ohio Municipal , [an Ohio )
Corporation .
By: By:
Name: Title:
Title:
Pickerington Local School District
. .

By:
Name:
Title:
Approved as to form:
Robert E. Mapes, City Law Director
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STATE OF OHIO )
COUNTY OF FRANKLIN) SS:
Before me, a Notary Public in and for said County personally came
, of the City ofPickerington, who executed the foregoing Declaration and
acknowledged that he/she signed such Declaration as such of the City of
Pickerington on behalf of the City of Pickerington and that such Declaration is his or her free act
. . and deed as such officer and the free act and deed of the City ofPickerington.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal at Columbus, Ohio, this day of [ ], 2003.
Notary Public
.'
STATE OF OHIO )
COUNTY OF FRANKLIN) SS:
Before me, a Notary Public in and for said County personally came
, -- 0 f t he P ickerington Local School District, who executed the foregoing
Declaration and acknowledged that he/she signed such Declaration as such of
the Pickerington Local School District and that such Declaration is his or her free act and deed as
such officer and the free act and deed of the Pickerington Local School District.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal at Columbus, Ohio, this day of [ ], 2003.
Notary Public
STATE OF OHIO )
COUNTY OF FRANKLIN) SS:
Before me, a Notary Public in and for said County personally came
who executed the foregoing Declaration a nd acknowledged that he/she signed
such Declaration as such (Managing Member; Partner; officer; individually), on behalf of
, (LLC, Ohio partnership, Ohio corporation, sole proprietorship) and that
such Declaration is his or her free act and deed as such (Managing Member; Partner; officer;
individually) and the free act and deed of , (LLC, Ohio partnership,
Ohio corporation, Ohio proprietorship).
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal at Columbus, Ohio, this day of ,2003.
Notary Public
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'' ;' o.
DECLARATION OF COVENANTS AND RESTRICTIONS FOR
THE CITY OF PICKERINGTON COMMUNITY AUTHORITY
FAIRFIELD COUNTY, OHIO
PRIVATE DEVELOPER
SIGNER
. , an Ohio
By:
Title:
STATE OF OHIO )
COUNTY OF FRANKLIN) SS:
Before me, a Notary Public in and for said County personally came
who executed the foregoing Declaration and acknowledged that he/she signed
such Declaration as such (Managing Member; Partner; officer; individually), on behalf of
, (LLC, Ohio partnership, Ohio corporation, sole proprietorship) and that
such Declaration is his or her free act and deed as such (Managing Member; Partner; officer;
individually) and the free act and deed of , (LLC, Ohio partnership,
Ohio corporation, Ohio proprietorship).
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal at Columbus, Ohio, this day of , 2003.
Notary Public
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6810 EAST MAIN STREET REYNOLDS8URG. OHIO 113068.2251 (61~) 577.095,
f''~X (614) 577.095~
IUNE 24. 2002
DESCRIPTION OF 44.134 ArnES JOB NAME: LEBOUND2
Sn''UATED IN THE STATE OF OI-nO, COUNTY OF FAIRFIELD, CITY OF PICKEIUNGroN,
SECTION ~ &. 8, AND BEING A 21.121 ACRE 1''RACTINDEED BOOK 662, PAGE S46, AND PART
, OF AN ORIGINAL 102.905 ACRE TRACT IN DEED BOOK 687. PAGE 373, FAIRFIELD COUNTY
RECORDER'S RECORDS:
BEGINNING AT A FRANKLIN COUNTY MONUMENT N99~7. SAID MONUMENT BEING THE
SOunIWEST CORNER OF SECrION ~ ~
THENCEN.oooQ6'IS-W. FOLLOWING THE EASTERLY LINE OF A 10.003 ACRE TRACT
C:ONVEYED TO JOSEPH R & MARY K. KASEERG, O.R. 16190, PG. 109, SAID LD-lE ALSO BEING
THE FAlRFlELD COUNTY & FRANKL(N COUNTY LINE, A DISTANCE OF 414.62 FEET TO A SET
IRON pm;
THENCE N.oooOO'15-W. FOLLOWING THE EASTERLY UNES OF A 10.003 ACRE TRACT
'. CONVEYED TO JOSEPH R. &. MARY K. KASBERG, O.R. 16190, PG. 109, A 28.S.s ACRE TRACT
CONVEYED TO S-W DEVELOPMENT, INSTR. NO. 199803030048922, AND A S.446 ACRE TRACT
CONVEYED TO BRAD E & PEGGY I. WOODWARD, INSTR. NO. 200002020023499, SAID LINE
BEING nIE FAIRFIELD COUNTY & FRANKLIN COUNTY LINE A DISTANCE OF 2203.17 FEET
TO A CONCRETE MONUMENT; ,
THENCE N.89?°40.48''E. FOLLOWING ''I1-IE SOlnHERL Y LINE OF A 77.50 ACRE TRACT
CONVEYED TO N. IIELLWIG, A DISTANCE OF 670.01 FEET TO A SET IRON PIN;
THENCE S.66~7'46-E. FOLLOWING THE SOUfJIERL Y IUGHT -OF WAY LINE OF CONRAIL
RAILROAD, A DISTANCE OF 109.69 FEET TO A SET IRON PIN;
''I1-{ENCE S.OooO4.01-W. CROSSING'Il-reORIGINAL 102.90S ACRE TRACT AND FOLLOWING
THE \VESTERL Y LmE OF A 57.37 ACRE TRACr CONVEYED TO LONG ROAD L TO.. D.B. 668,
PG. 467~ A DISTANCE OF 2761.20 FEET TO A SET RAILROAD SPIKE;
-rnENCE N.72?°00'OO''W. FOLLOWING TIlE CENTERLINE OF LONG ROAD, A DISTANCE OF
426.77 FEET TO A SET RAILROAD SPIKE;
THENCE N.O4?°14'52''E. FOLLOWING niB EASTERLY LINE OF A 0.860 ACRE TRACT
CONVEYED TO T. DUCHESNE, D.B. 1140, PG. 1190, A DISTANCE OF 342.76 FEET TO A SET
IRON PIN;
THENCE N.72000 'OO''W . FOLLOWING -mE NORnfERL Y LINES OF A 0.860 ACRE TRACT
CONVEYED ''TO T. DUCHESNE, O.R. 1140, ro. 1190, A 0.974 ACRE TRACT CONVEYED TO E.
JOHSTON, D.B. 66S, PG. 475, AND A 1.14 ACRE -mACT CONVEYED TO R. JOHSTON, D.B. 640,
PO. 200, A DISTANCE OF 402.53 FEET TO THE POINT OF BEGINNING, 44.134 ACRES, MORE OR
LESS, SUBJECf TO ALL EASEMENTS, RJGHT.QF-WAY, AND RES-rnlCTIONS.
-nuS DESCRIPnON WAS BASED ON AN ACTUAL FIELD SURVEY BY THE JERRY A. MALOTI''
SURVEYING COMPANY JUNE. 2002.
BEAlUNGS WERE BASED ON THE CENTERLINE OF LONG ROAD AS BEING N. nO()() '()()..W. AS
SHOWN IN DEED BOOK 662, PAGE 546, FAIRFIELD COUNTY RECORDER'S RECORDS.
ALL SET IRON PINS ARE y.'' IN DIAME.rER AND 30'' IN LENGrn WrrH PLASTIC I.D. CAPS
STAMPED MJAM'' #5963.
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