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HomeMy WebLinkAbout21-81.7EDEN 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 public. 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 detached, to be built on the real estate shall be fifty (50). 3. No lot in this subdivision shall be platted having an area less than the width of the dwelling, times the overall length of the dwelling plus 25 feet (front yard) plus 20 feet (minimum rear yard) or in no case less than 3000 square feet. No lot shall be less than 40 feet at the building line of the street lot fronto 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 (U) for the installation of water and sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easements 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 to the rights of the public utilities. 5. All lots in this subdivision shall 6e 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. 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. No two adjoining dwelling units may have a common roof. No building or cluster of individual dwelling units shall be erected, placed or altered on any building plat in this subdivision until the building plans, specifications and plot plan showing the location of such building have been approved as to the conformity and harmony of external design with existing structures herein and a�, to the bnildinq with respect to the topography and finished ground elevation by Schutz & Thompson Inc. The building or cluster of individual dwelling units is then to be reviewed by a sub -committee made up of notless than three members of the Carmel Plan Commission Subdivision Review Committee. In addition, at least two persons representing the adjoining property owners shall be entitled to serve ex officio As members of the Subdivision Committee for purposes of review as provided herein. Such ex officio members shall receive notice of any meeting of. the Subdivision Review Committee when a proposed uriit. is being considered. This committee is to meet within 30 days unern rocr�ipt of a request for review from Schutz & Thompson Inc. This sub -committee shall review the building plans, specifications and plot plan for conformity and harmony of external design with existinq structures herein. Upon approval of the sub -committee the plat of individual block or cluster reviewed will be signed by the members of the Carmel Plan Commission authorized to do so and recorded. Also building permits for individual units are not to be granted until after the review by the sub -committee is completed. 10. No noxious trade or activity shall be carried on upon any lot in this subdivision, nor shall anything be done herein which may become an annoyance or nuisance to the neighborhood at large. 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 cf conditions herein, it shall be lawful for any person owning real estate in this subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting 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 fences shall be erected in this subdivision between the front building lines and the property lines of the streets as shown on the within plat. 13. In the event storm water drainage from any lot or lots flow across inoth,�i lot, provisions shall be made 'o 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. 14. Schutz & Thompson Inc., reserves the right to place of record as instrument entitled "Declaration of Covenants and Restrictions". Such Declaration of Co�.,en,:L:tr. 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 herein above described. Such Declaration of Covenants and Restrictions, at; the option of Schutz & Thompson Inc., may provide for among other things, 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 subdivisions: (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 paying 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 & 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 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 lots 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 Ownrr thereof joins therein. Notwithstanding the foregoing. the Common Properties are reserved for the common use and enjoyment of the owners of Lots in this addition.