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Home My WebLink About010-73.19 .. PLAT RESTR�CT10HS FDR TIIE tiJDCDLANCS �ECTTnN F 9 U R The unoersigneri SCHUTZ & Tt1011PSON. INC. by Kenneth Thompson and John T. Schutz. its President and Secretaryrespectively. owner of the real estate described in the plat of "The 0oodlands - Section Fo woes hereby lay off plat and subdivide the same in accordance with the foregoing plat of "The i•loodlands - Section Four'. Th i s suou i v i s i on shal l be I; noun and des I r.natec.' as "The ,looc;l ands- `vection Fo ,r" and steal l he subject to the f c 1 10"1 no I. The streets shown upon th;e plat. If not heretofore dedicated. are hereby dedicated to publ is use. 2. There are strips of ground st:o4.n upon the plat as utility easements v.hich are hereby reserved for use of public utilities for installation and maintenance of poles. ��ires. ma ins .ducts, drains and sewers. Thersubje et all times ro the authority of the proper civil officers and to the easements herein reserved. No permanent or other structure shall be erected or maintained on said strips. but the owners the re of.sl:aII take their title subject to the rights of such utilities and to the rinhts of owners of other real estate iii t; is su�uivision for inn_ress ar;J egress in. along and through the several strips so reserved. Fences may be erected on said strips. Additional reservations of utiI ity easements may_ be made i)y separate recorded instrument: 3. All parcels of real estate shown in the forego in,, plat as numbered parcels shall be known and des ionated as residential lots (Iereinafter cal led "Luis"). No structure shall ue erected. altered. placed u permuted to remain on such Lot other than single "family dwellings. 4. No trailer. shacks or outhouses of d permanent or temporary nature slid II be erecteJ or situate,! on any Lot except uurinn the period of construction of a proper strut+ure and for the use by the builJer Tor its n.aierial a d foals 3u1 ld i f, It 1 i nes as si own on the p1 in reet back from the street property 1 i ne are hereby establ i shed. between whi cl 1 i ne and the street property 1 i ne there 5 all be erected or mai ntai ned no building structure of ar,y kind or part thereof. �. Idoresidence having a ground floor area exclusive of open porches and rzararles of less than 11010 square feet in the case of a one story structure or 900 feet n case of a higher structure shall be erected or n,aintairo-d on any Lot or Lots in this subdivision. uil�ing "all be erecteu. placed or altered on any Lot in such subdivision until and unless the builJinC� plans. specifications and plot plan showing tie location of such buiIiing have been approve,] '�o b as to conformity dbe harmony of external design and location with existinn structures in the subdivision ar:,t as to the topography and finis,ed ground elevation of such Lot by Schutz & Thompson, Inc. or person to hom tfe right of such approval has been assigned by Schutz & Thompson, Inc.: PROVIDED HOV''EVER. that such requirements shall be conclus vely deemed satisfied for all purposes if any scl lcirr, or alteration is substantially cor,pleted without tfe film,+ by Schutz & Thompson Inc. or s;cl, assir.nee of an action to enjoin sucl erection or alteration. The reyuiremer,t set forth in this Para, rap f, 7 rnwi ay be assiC.r,e6 oly irl r itirr)y °c1,utz a TI•or.hsur, Irrc. to any rpE,rsor i or er tiiy. aid ra,v IUB waiv6d ir, wr, r I ( by Schutz & Tl:ori,psurr. Ind. or any successor or ass <<. :. with rbspect to Lot or Lots. 8. F;o nox ious trade or activity shall De carribo or; upon any Lot in if is subdivisior:. nor stall anythi-,, oe done ter eIr, which r„ay become art annoyance or a nuisance to tie neighborhood at large. 9. .1chutz & Thompson. Inc. reserves the riyt.t to place of record any instrument entitled "Declaration of Covenants arid Restrictions". Such Declaration of Covenants and Restrictions shall contain such terns conditions and provisions as are deemed advisable by Schutz & Thompson. Inc. for the development and preservation of real estate hereinabove described. Such Declaration of Covenants ana Restrictions at the option of Schutz & Thompson - Inc. , may provide for among other things. the followin��: aThe formation of an Indiana Not -For -Profit Corporation, to whom the Common Properties may be conveyed ai the option of Schutz & Thompson, Inc. �b� The reservation of the Common Properties shown on the foregoing plat for the common use and enjoyment thereof by the owners of Lots within the above described subdivision and by owners of other real estate. which real estate shall be designated in such Declaration of Covenants and Restrictions or which Declaration of Covenants and Restrictions shall provide for methods of subjecting other real estate to the terms thereof or enabling other real estate to have the benefits of such Common Property. c The making available of Common Properties for use by persons residing on other real estate in such fashion as Schutz& Thompson. Inc. deems appropriate. d Maintenance and repair of the Common Properties, the payment of taxes and insurance thereon and other matters relating- to the Common Properties. e The paying of costs of maintenance of the Common Properties and the creation of l lens upon real estate for failure to pay such costs or an appropriate share thereof. f The continued ownership of the Common Properties by Schutz & Thompson Inc. or its assignee until such time as Schutz & Thompson. Inc. deems it appropriate to convey the same to the aforementioned Corporation to be fo-med: and (g) Such other matters as are deemed appropriate by Schutz & Thompson Inc. Such Declaration of Covenants and Restrictions shall be effective from the time tfe same are placed of record in Hamilton County, as against all Lots in_t -hie subdivisi_on.__not ther_e_to ter -atopy -"e -d- by Schutz & Thompson, Inc. to any other person and sha11 -be, - effective, valid and bindino upon Lots theretofore conveyed only if the Owner thereon` joins therein. Notwithstanding the foregoing, the Common Properties are reserved for the common use and enjoyment of the owners of Lots in the addition and any other real estate accorded the same or other rights pursuant to Such Declaration of Covenants and Restrictions subject to the terms of such Declaration of Covenants -and Restrictions. 10. Any person acquiring title to any portion of the real estate of the foregoing subdivision shall take the same subject to all of the terms covenants, conditions, provisions a^d restrict ons herein contained and those contained in any Declaration of Covenants and Restrictions fie reafter placed of record in Hamilton County Indiana. by Schutz & Thompson Inc. prior to the acquisitor of title by such person. and subject to any ammerid ments of or supplements to any such Declaration of Covenants and Restrictions theretofore or thereafter made pursuant to the terms of such Declaratior of Covenarts and Restrictions. II. If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate anv of the covenants restrictions, provisions or conditions herein it sIf, aiI be lawful for any person owning real estate in this subdivision to prosecute and proceedings at alw or in equity anainst the person or persons viol atin,, or attempting, to violate any such covenants and to prevent him or them from doing so or to recover damage or other amounts for such violation. 12. The restrictions covenants and provisions set forth herein shall run with the land and shall remain in full force and effect until January I 1998. at which time said covenants shall a,tomatically be extended for successive periods of ten (10) years unless by vote of the majority of the then owners of the Lots in this subdivision, it is agreed to change said covenants in whole or in part. If a 1 t, f Covenants anu Restrictions is hereafter recorded. the same may be amended in any manner therein provided. vec ana ion o 13. Invalidation of any of the foregoing covenants provisions restrictions or conditions by judgement of court order shall in no wise effect any of the other provisions which shall remain in full force and effect. 14. In the event storm water drainage from any lot or lots flow across another lot. provisions shall be made to permit such drainage to continue. without restriction or reduction. across the downstream lot and into the natural drainage channel or course, even though no specific drainage easement for such flow of water is provided on said plat. 15. All lots having direct access to 106th Street will have turnaround type driveways. STATE OF INDIANA G Y : ---- =— SS EXECUTED this —day of 1973. SCHUTZ B THOMPSON., INC. KENNETH TH011PSON. PR ES (DENT COUNTY OF HAMILTON 3e ore me. the enders igned . a Notary Pub is i n and for said County and State. personally appeared KENNETH THOMPSON and JOHN T. SCHUTZ President a, -,i Sec retar, -espect i vel y . of SCHUTZ & THOMPSON. I NC,. and ac knovwl edged t ; executior . v them for and in behalf of such Corporation of the fo,ego ing ins'.-.ment as the act and deed of such Corporation. '4 ESS and Notarial Seal this_-___.--dav of-_-_ ��___________-1973. is s o - e x p , res . __�_- ----- -. -j-� L -Y---- ----- ------_--- NOTARY PUBLIC --_— --- 7r is rstrument was prepared by JOHN V April A T T E T:-------------- ---� JOHN T. SCHUTZ. SECRETARY CERTIFICATE Under authority provided by Chapter 174 Acts of 1947 enacted by the General Assembly of the State of Indiana and all acts amendatory thereto and an ordinance adopted by the Town Board of Trustees of the Town of Carmel Indiana. the plat was given approval by the Town of Carmel. Indiana, as follows: Approved by the Town Plan Commission at a Meeting held r 1973. PR ES IBE T SECRETARY • .J SCHNEIDER of SCHNEI DER ENG I14EERING CORP. 1973 I E E F E 0 0