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HomeMy WebLinkAboutCovenants and Restrictions LAKE FOREST PLAT COVENANTS AND RESTRICTIONS The undersigned, The C. P. Morgan Co., Inc., an Indiana corporation (the "Developer"), being the owner of the real estate described herein (the Real Estate") does hereby lay off, plat and subdivide the Real Estate into lots and streets as shown on this plat for Lake Forest, as hereafter recorded in the office of the Recorder of Hamilton County, Indiana (the "Plat"). The Developer desires to subject the Real Estate to the provisions of these Plat Covenants and Restrictions. The subdivision created by the Plat (the "Subdivision") shall be known and designated as "Lake Forest", an addition in Hamilton County, Indiana. In addition to the covenants and restrictions hereinafter set forth, the Real Estate shall be subject to certain additional covenants and restrictions contained in the Declaration of Covenants, Conditions and Restrictions of Lake Forest to be recorded by Developer in the office of the Recorder of Hamilton County, Indiana, as the same may be amended or supplemented from time to time as therein provided (the "Declaration"), and to the rights, powers, duties and obligations of Lake Forest Homeowners' Association, Inc. (the "Association"), as set forth in the Declaration. If there is any irreconcilable conflict between any of the covenants and restrictions contained herein and any of the covenants and restrictions contained in the Declaration, the conflicting covenant or restriction contained herein shall govern and control only to the extent of the irreconcilable conflict, it being the intent hereof that all such covenants and restrictions shall be applicable to the Real Estate to the greatest extent possible. In order to provide adequate protection to all present and future owners of lots in the Subdivision, the following covenants and restrictions, in addition to those set forth in the Declaration, are hereby imposed upon and shall run the Real Estate. DEDICATION OF STREETS: All right of ways for streets shown on this plat and not heretofore dedicated, are hereby dedicated to the public. DRAINAGE AND UTILITY EASEMENTS: There are areas of ground on the plat marked "Drainage Easements" and "Utility Easements," either separately or in combination. The Uitility Easements are hereby created and reserved for the use of all public utility companies (not including transportation companies), governmental agencies and the Association, for access to and installation, maintenance, repair or removal of poles, mains, ducts, drains, lines, wires, cables and other equipment and facilities for the furnishing of utility services, including cable television services. The Drainage Easements are hereby created and reserved: (i) for the use of Developer during the "Development Period" (as such term is defined in the Declaration) for access to and installation, repair or removal of a drainage system, either by surface drainage or appropriate underground installations, for the Real Estate and adjoining property and (ii) for the use of the Association and the Hamilton County Drainage Board for access to and maintenance, repair and replacement of such drainage system and Common Areas; provided, however, that the owner of any lot in the Subdivision 4 subject to a Drainage Easement shall be required to keep the portion of said Drainage Easement on his lot free from obstructions so that the surface water drainage will be unimpeded. The delineation of the Drainage Easement and Utility Easement areas on the plat shall not be deemed a limitation on the rights of any entity for whose use any such easement is created and reserved to go on any lot subject to such easement temporarily to the extent reasonably necessary for the exercise of the rights granted to it by this paragraph. No permanent structures shall be erected or maintained upon said easements. The owners of lots in the Subdivision shall take and hold title to the lots subject to the Drainage Easements and Utility Easements herein created and reserved. COMMON AREA: There are areas of ground on the plat marked "Common Area" (CA). The Common Areas are hereby created and reserved: i. solely for the common visual and aesthetic enjoyment of the Owners; ii. for the use by Developer during the Development Period for the installation of retention and detention ponds or lakes; iii. for the use as retention and detention ponds or lakes; and, iv. for the use of the Association of the management and control of retention and detention ponds or lakes and the installation, maintenance and repair of improvements thereto. MEDIANS AND ENTRYWALLS: There are landscaped medians located throughout the Subdivision within the public right-of-way of the street. These landscaped d by medians, including the gate house, shall be ed There are entrywalls located at e Association and are not the responsibility of The City of Carmel, Indiana the entry of the Subdivision, along 106th Street. These entrywalls shall be maintained by the Association and are not the responsibility of The City of Carmel, Indiana. SITE LINES AT INTERSECTIONS: No fence, wall, hedge or shrub planting which obstructs site lines at elevations between two (2) and six (6) feet above the street shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting points twenty-five (25) feet from the intersection and said lines, or in the case of a rounded property corner, from the intersection of the street lines extended. The same site line limitations shall apply to any lot within ten (10) feet from the intersection of a street line with the edge of a driveway pavement or alley line. No tree shall be permitted to remain within such distances or such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such site line. RESIDENTIAL USES: All lots in the Subdivision shall be used solely for residential purposes. No business buildings shall be erected on said lots, and no business may be conducted on any part thereof, other than the home occupations permitted in the Zoning Ordinance of The City of Carmel, Indiana. No accessory outbuilding, garage, tool shed, storage building or any other attached or detached building erected or used as an accessory building to a residence shall be erected without the prior approval of the Developer or the Association as the case may be. Any such structure shall be of a permanent type of construction and shall conform to the general architecture and appearance of such residence. No trailer, shack, tent, boat, garage or other outbuilding may be used at any time as a residence, temporary or permanent; nor may any structure of a temporary character be used as a residence. DEVELOPER'S RIGHT TO PERFORM CERTAIN MAINTENANCE: In the event that any Owner of a Lot shall fail to maintain his Lot and any improvements situated thereon in accordance with the provisions of these Restrictions, Developer shall have the right, but not the obligation, by and through its agents and employees or contractors, to enter upon said Lot and repair, mow, clean, or perform such other acts as may be reasonably necessary to make such Lot and improvement situated thereon, if any, conform to the requirements of these Restrictions. The cost thereof shall be an expense of the lot owner and the Developer may seek collection of costs in any reasonable manner including placing a lien against said Real Estate for the expense thereof. Neither the Developer, nor any of its agents, employees, or contractors, shall be liable for any damage which may result from any maintenance work performed hereunder. Upon the completion of the development period, the Association shall succeed to the rights of the Developer. MINIMUM RESIDENCE SIZE: The minimum square footage of any residence constructed within the Subdivision exclusive of garages, porches, patios, accessory buildings or basements shall be not less than one thousand (1,000) square feet of living area for a one-story residence or one thousand two hundred (1,200) square feet of living area for a two- (or more) story residence. Each residence shall have an attached garage for storage of two or more vehicles and a paved drive leading from the street to such garage. ANIMALS: No farm animal, fowls or domestic animals for commercial purposes shall be kept or permitted on any lot or lots in the Subdivision. No noxious, unlawful, or otherwise offensive activity shall be carried out on any lot in the Subdivision; nor shall anything be done thereon which may be or may become an annoyance or nuisance to the Subdivision. VEHICLE PARKING: No camper, motor home, inoperative vehicle, truck, trailer, boat or recreational vehicle of any kind be stored in open view on any lot in the Subdivision for more than twenty-four hours. SIGNAGE: No sign of any kind shall be displayed to the public view on any lot, except that one sign of not more than six (6) square feet may be displayed at any time for the purpose of advertising the property for sale or rent, except Developer may use larger signs during the sale and development of the Subdivision. WASTE DISPOSAL: No lot shall be used or maintained as a dumping ground for trash. Rubbish, garbage or other waste shall be kept in sanitary containers. All equipment for storage or disposal of such materials shall be kept clean and shall ll 11theere ored on any lot in open public view. All rubbish, garbage removed from a lot and shall not be allowed to accumulate thereon. STORAGE TANKS: Any gas or oil storage tanks used in connection with a lot shall be either buried or located in a garage or house such that they are completely concealed from public view. SEWAGE DISPOSAL: No private or semi-private water supply and/or sewage disposal system may be located upon any lot in the Subdivision which is not in compliance with regulations or procedures as provided by the Indiana State Board of Health, or other civil authority having jurisdiction. No septic tank, absorption field, or other similar method of sewage disposal shall be located or constructed on any lot. LIGHTS: "Dusk to dawn" type lights shall be installed on each lot by the Developer (or at the option of the Developer - by the Builder with a light approved by the Developer) and such light shall be installed prior to the final house inspection by the Carmel Department of Community Development. The lights shall be maintained by the individual lot owners. ANTENNAS: No antennas shall be allowed to extend higher than five (5) feet above the roofline on the exterior of homes in the Subdivision. SATELLITE DISHES: No satellite dishes shall be installed or permitted in the Subdivision except as approved by the Association or Developer as the case may be. AWNINGS AND PATIO COVERS: No metal, fiberglass or similar type material awnings or patio covers shall be permitted in the Subdivision. FENCING: No fence placed on a Lot abutting an area designated on the plat as Common Area shall exceed three (3) feet in height beyond a point fifteen (15) feet from the house constructed on such lot. All fencing shall be subject to approval by the Developer until the end of the Development Period and thereafter by the Association's Architectural Control Committee. All fencing that abutts the areas designated Common Area, an interior street or another Lot shall be constructed of wood. All metal fencing used in the Subdivision, where permitted, must have a factory finish of either brown or black vinyl. No fence shall be higher than six (6) feet. No fencing shall extend forward of the furthest back corner of the residence. Fencing style and color shall be consistent with the Subdivision. SWIMMING POOLS: No above-ground swimming pools shall be permitted in the Subdivision. SOLAR HEAT PANELS: No solar heat panels shall be permitted on roofs of any structures in the Subdivision. All such panels shall be enclosed within fenced areas and shall be concealed from the view of neighboring lots and the streets. LOT ACCESS: All lots shall be accessed from the interior streets of the Subdivision. ENFORCEMENT: Violation or threatened violation of these covenants and restrictions shall be grounds for an action by the Developer, Association, any person or entity having any right, title or interest in the Real Estate (or any part thereof), or any person or entity having any right, title or interest in a lot in any Subdivision which is now or hereafter made subject to and annexed to the Declaration, and all persons or entities claiming under them, against the person or entity violating or threatening to violate any such covenants or restrictions. Available relief in any such action shall include recovery of damages or other sums due for such violation, 1 injunctive relief against any such violation or threatened violation, declaratory relief, and the recovery costs and attorneys' fees incurred by any party successfully enforcing these covenants and restrictions; provided, however, that neither the Developer nor the Association shall be liable for damages of any kind to any person for failing to enforce or carry out such covenants or restrictions. AMENDMENT: These covenants and restrictions may be amended at any time by the then owners of at least two-thirds (2/3) of the lots in all Subdivisions which are now or hereafter made subject to and annexed to the Declaration; provided, however, that until all of the lots in such Subdivisions have been sold by Developer, any such amendment of these covenants and restrictions shall require the prior written approval of Developer. Each such amendment shall be evidenced by a written instrument, signed and acknowledged by the lot owner or owners concurring therein, which instrument shall set forth facts sufficient to indicate compliance with this paragraph and shall be recorded in the office of the Records of Hamilton County, Indiana. DURATION: These covenants and restrictions (as the same may be amended from time to time as provided in the foregoing paragraph shall run with the land and shall be binding upon all persons or entities from time to time having any right, title or interest in the Real Estate, or any part thereof, and on all persons or entities claiming under them, until 2001, at which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years each, unless prior to the commencement of any such extension period, by a vote of a majority of the then owners of the lots in all Subdivisions which are now or hereafter made subject to and annexed to the Declaration, it is agreed that said covenants and restrictions shall terminate in their entirety; provided,. however, that no termination of said covenants and restrictions shall affect any easement hereby created and reserved unless all persons entitled to the beneficial use of such easement shall consent thereto. SEVERABILITY: Invalidation of any of the foregoing covenants and restrictions by judgement or court order shall in no way affect any of the other covenants and restrictions of this plat, which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned Developer, as the owner of the Real Estate, has hereunto caused its name to be subscribed this — day of — , 1988. The C. P. Morgan Co., Inc. an Indiana corporation By: — — ----- William B. Blake, Vice President STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for the State of Indiana, personally appeared William B. Blake, the Vice President of The C. P. Morgan Co., Inc, an Indiana corporation, and acknowledged the execution of this instrument as his voluntary act and deed as such officer on behalf of such corporation for the uses and purposes hereinabove set forth. Witness my signature and Notarial Seal this — day of —, 1988. ( ) Notary Public My Commission Expires: My County of Residence is: Plan Commission: Under authority provided by Title 36, Acts of 1981, P.L. 309 enacted by the General Assembly of the State of Indiana, and all acts amendatory or supplementary thereto, and on ordinance adopted by the common council of the City of Carmel, Indiana, this plat was given approval by the City of Carmel, as follows: Adopted by the Carmel Plan Commission at a meeting held , 1988. Carmel/Clay Plan Commission By: --- ------ ---- Wesley G. Bucher, Director Department of Community Development Carmel, Indiana This Instrument was prepared by Brian J. Tuohy, STARK DONINGER MERNITZ & SMITH, 50 S. Meridian St. Ste. 700, Indianapolis, Indiana 46204.