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HomeMy WebLinkAbout21-81.2EDEN VILLAGE DEED OF DEDICATION AND PROTECTIVE COVENANTS We, the undersigned, Schutz & Thompson Inc., owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide, said real estate in accordance with the within plat. The subdivision shall be known and designated as Eden Village, an addition in Hamilton County, Clay Township. All streets and alleys shown and not heretofore dedicated, are hereby dedicated to the Lublic-. 1. Front and rear yard building set back lines are hereby established as•shown on this plat between which lines and the property lines of the street and the rear property lines of the lots, respectively, there shall be erected or maintained no building or structure. 2. The maximum number of dwelling units, either attached, or unattached, to be built on the real estate shall be fifty (50). 3. No lot in this subdivision shall be platted havinq an area less than the width of the dwelling, times the overall length of the dwelli.nq plus 25 feet (front yard) plus 20 feet (minimum rear yard) or in no case less than 4800 square feet. No lot shall be less than 40 feet at the building line of the street the lot fronts on. 4. There are strips of ground as shown on this plat and indicated as easements (E), reserved for drainage (D) and for the use of public: utilities (0) for the installation of water and sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No permanent or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall take their titles subject of the rights of the public utilities. 5. All lots in this subdivision shall be known and designated as residential lots. No structure shall be erected, altered, placed or permitted to remain on any lot herein other than one single family dwelling. 6. No hotel, boarding house, mercantile building, factory building or buildings of ;any kind' of commercial use shall be erected or maintained on any lot in this subdivision. 7. No trailer, shacks or out houses of a permanent nature shall be erected or situated on any lot except during the period of construction of a proper structure and for the use by the builder for his materials and tools. C-8 No residence shall be erected or maintained on any lot or lots in this subdivision having a ground floor area exclusive of open porches and garages of less than 1450 square feet in case of a one story structure or 900 square feet in case of a higher structure. VS 9. No building shall be erected, placed or altered on any building plat in this subdivision until the building plans, specifications and plot plan Iel (14 showing the location of such building have been approved as to the conformity and harmony of external design with existing structurc,s herein and Jas to the buildinq with respect to the topography and finished ground elevation by Schutz & Thompson Inc. 10. No noxious trade or activity shall be carried on upon any lot in this subdivision, ,or shall anythinq be done herein which may become an annoyance p} or nuisance to the neighborhood at largo. 11. If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants, restrictions, provisions of conditions herein, it shall be lawful for any person owning real estate in this subdivision to prosecute any proceedings at law or in equity acTainst the person or persons violating or attemptinq to violate any such covenants and to prevent him or them from doing so or to recover damage or other dues for such violation. 12. No fence shall be Breed in th' subdivisi n bet en the fro bu lding i es and e 1 operty line t e streets a n or. t i hin platsept ith the approv of Schu z & Thompso I wh ch ces s all of e cee i, i,;cies in he rt and s all be a�sh ve nature 13. In the event storm water drainage from any lot or lots flow across another lot, provision shall be made to permit such drainage to continua 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. 14. Schutz & Thompson Inc., reserves the right to place of record as instrument entitled "Declaration of Covenants and Restrictions". Such Declaration of Covenants and Restrictions shall contain such terms, conditions and provisions as are deemed advisable by Schutz & Thompson Inc., for the development and preservation of the real estate hereinabove described. Such Declaration of Covenants and Restrictions, at the option of Schutz & Thompson Inc., may provide for among other thins, the following: (a) The formation of an Indiana Not -for Profit Corporation, to whom the Common Properties may be conveyed at 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: (c) Maintenance and repair of the Common Properties, the payment of taxes and insurance thereon and other matters relating to the Common Properties: (d) The payinq of costs of maintenance of the Common Properties and the creation of liens upon real estate for failure to; pay such costs or an appropriate share thereof: (e) The continued ownership of the Common Properties by Schutz & TT-_tpson Inc. or its assignee, until such time as Schutz & Thompson Inc. deems it appropriate to convey the same to the aforementioned Cc;rporation to be formed: and (f) Such other matters as are deemed appropriate by Schutz & Thompson Inc.: Such Declaration of Covenants and Restrictions shall be effective from the time the same are placed of record in Hamilton County, as against all�Lo� is }s in the subdivision not theretofore conveyed by Schutz & Thompson Inc. to any other person, and shall be effective, valid and binding upon Lots _"' theretofore conveyed only if the Owner thereof joins therein. Notwithstanding the foregoinq, the Common 1'raperties are reserved for the common use and enjoyment of the owners of Lots in this addition. 15. The foregoing covenants, or restrictions, are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2005, at which time said covenants, or restrictions, shall be automatically extended for successive period of 10 years unless changed by vote of a majority of the then owners of the buildings covered by these covenants, or restrictions, in whole or in part. Invalidation of any one of the foregoing covenants or restrictions, by judgment or court order shall in no way affect any of the other covenants or restrictions, which shall remain in full force and effect.