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HomeMy WebLinkAboutPlat Covenants and Restrictions • 1-Z,'i-8Z PLAT COVENANTS AND RESTRICTIONS The undersigned , DAVIS DEVELOPMENT - WOOD PARK, INC . an Indiana corporation ( the "Developer ") , is the owner of the real estate more specifically described in Exhibit A attached hereto ( the "Real Estate") . Developer intends to plat and subdivide the Real Estate as shown on the plat for Wood Park - Section •I , as hereafter recorded in the office of the Recorder of Hamilton County , Indiana ( the "plat") and desires in such plat to subject the Real Estate to the provisions of these Plat Covenants and Restrictions . The subdivision created by the plat "Subdivision") ( the shall be known and designated as Wood Park - Sections.,- an addition in Hamilton County , Indiana . In addition to the covenants and restri.ctions' hereinafter set forth , the Real Estate is also subject to certain additional covenants and restrictions contained in the Declaration of Covenants , Conditions and Restrictions of Wood Park, dated _______ _► 1987 , and recorded , 1987 , as • Instrument No. , in thee. 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 Wood Park Association, Inc . ( the "Association") , as set forth in the Declaration . ' If there 16 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 the Real Estate : 1. The rights-of-way of the streets as shown on the plat, if not heretofore dedicated to the public, are hereby dedicated to the public for use as a public, right-of-way . 2 . There are areas of ground on the plat marked "Utility Easements" , and "Drainage Easements , " either separately or in combination . The Utility 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 la 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; provided , however , that the owner of any lot in the Subdivision 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 Utility Easement and Drainage 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 2 . 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 Utility Easements and Drainage Easements herein created and reserved . 3 . There are areas of ground on the plat marked "Landscape Easements" which are hereby created and reserved : ( i) for the use of Developer during the Development Period for access to and the installation ' and replacement of foliage , landscaping , screening materials and other improvements and ( ii ) for the use of the Association for access to and the installation, maintenance , repair and replacement of foliage , landscaping , screening materials and other improvements . Except as installed by Developer or installed and maintained by the Association, no permanent structure, including , without limitation , fences shall be erected or maintained in or upon said Landscape Easements . The owners of lots in the Subdivision shall take and hold title to the lots subject to the Landscape Easements herein created and reserved . 4 . There are areas of ground on the plat marked "Lake Easements . " The Lake Easements ' are hereby created and reserved : ( i) for the common use and enjoyment, subject to the rights of the Association to promulgate reasonable rules and regulations (not inconsistent with the provisions of the plat and the Declaration) governing such use and enjoyment, of the owners of lots in the Subdivision. ( ii ) for the use of Developer during the Development Period for access to and construction, management and control of retention and detention ponds or lakes and the installation, repair and replacement of improvements therein and thereon and ( iii) for the use of the Association for access to and maintenance , • management and control of retention and detention ponds or lakes and the installation, maintenance , repair and replacement of improvements therein and thereon . Except as installed by Developer or installed and maintained by the Association, no permanent structure or improvement shall be erected or maintained upon said Lake Easements. No swimming shall he permitted in the lakes or ponds located in and upon the -2- Lake Easements, 5 . Building sot-back lines are established on the plat . No building or structure shall be erected or maintained between said set-back lines and the front or rear lot line ( as the case may be ) of said lot . In addition , no building or structure shall be erected or maintained closer to any side lot line of any lot than zero ( 0 ) feet , with each lot having an aggregate side yard requirement of ten ( 10 ) feet . The mini- mum distance between buildings shall be ten ( 10 ) feet . Where two or more contiguous lots are used as a site for a single dwelling, this side yard restriction shall apply to the combined lots as if they were a single lot . 6 . • No fence , wall , hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (G) 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 of said street lines , or in the case of a rounded property corner , from the intersection of the street lines extended . The same sight-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 of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight line . 7 . No residence constructed on a lot in the Subdivision shall have less than one thousand , one hundred ( 1100 ) square feet of floor area , ercluaive of garages', carports , and open porches . ' 8 . A1l 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 Dwelling Districts Zoning Ordinance of Carmel , Irndiana . No structure shall • be erected , altered , placed or permitted to remain on any lot other than one detached single-family residence not to exceed two and one-half stories in height and permanently attached residential accessory buildings . Any attached garage , attached tool shed , attached storage building or any other . attached building erected or used as an accessory building to a -3- residence shall be of a permanent type .of construction and shall conform to the general architecture and appearance of such residence . 9. No garage shall be erected on any lot in the Subdivision which is not permanently attached to the residence , and no unenclosed storage area shall be erected . No enclosed storage area shall be erected on any lot which is not permanently attached to the residence . 10. No trailers , shacks , outhouses , detached storage sheds or tool sheds of any kind shall be erected or situated on any lot in the Subdivision , except that used by a builder during the construction of a residential building on the property , which temporary construction structures shall be promptly removed upon completion of construction of the building. 11. No trailer , shack , tent, boat , basement , 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 . 12. No farm animals , 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 neighborhood . 13 . No camper , motor home , truck , tral].er , boat or recreational vehicle of any kind may be stored on any lot in the Subdivision in open public view. 14 . 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 . 15 . No lot shall be used or maintained as a dumping groundfor 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 not be stored on any lot in open public view. All rubbish , garbage or other waste shall be regularly removed from a lot and shall not be allowed to accumulate thereon. 16 . 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. -4- 17 . 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 Doard of Health , or other civil authority having jurisdiction . No septic tank , absorption field , or other method of sewage disposal shall be located or constructed on any lot. 10 . Each driveway in the Subdivision shall be of concrete .. or asphalt material and shall not exceed in width the side boundaries of the garage . No additional parking shall be permitted on a lot other than the existing driveway . 19 . No antenna in the Subdivision shall exceed five (5) feet above a roof peak . 20 . No satellite dishes shall be installed or permitted in the Subdivision. 21. No metal , fiberglass or similar type material awnings or patio covers shall be permitted in the Subdivision . 22. All metal fencing used in the Subdivsilon 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 front corner of the residence . Fencing style and color shall be consistent with the Subdivision. No fence shall be constructed within the Drainage Easements for the Lakes. 23 . No above-ground swimming pools shall be permitted in the Subdivision. . 2A . 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. 25. All lots shall be accessed from the interior streets of the Subdivision . �. No access is permitted from 106th Street or 111th Street. 26 . Violation or threatened violation of these covenants and restrictions shall be grounds for an action by the Developer , the Association , any person or entity having any . right, • - t-itle 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 , injunctive relief against any such violation or threatened violation , declaratory relief , and the recovery of costs and -5- • 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 . 27. Each Lot shall be required to provide a dust to dawn yard light to be installed with the initial house construction and shall be maintained by the individual lot owner. 28... These covenants and restr iction-s_.ji y be amended at any time by the then owners of at least two-thirds (2/3) of the lots in all Suhdivisions 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 Recorder of Huntiilton County , Indiana. 29. These covenants and restrictions (as the same may be amended from time to time as provided in the foregoing paragraph 27 ) 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 January 1, 2007 , at which time said covenant's and restrictions shall be automatically extended for successive periods of ten (10) years each, unless prior to the commencement of any such 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. • 30. Invalidation of any of the foregoing covenants and restrictions by judgment 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 . • -6- • • • IN WITNESS WUEREOF, the undersigned Developer , as the owner of the Real Estate , has hereunto • caused its name to be subscribed this day of , 1907 . DAVIS DEVELOPMENT - WOOD PARK, INC . By Charles R. Davis, President STATE OF INDIANA SS : COUNTY OF MARION ) Before me , a Notary Public in and for the State of Indiana , personally appeared Charles R. Davis , the President of Davis Development - Wood Park, Inc . an Indiana corporation , and acknowledged the execution of this instrument as his voluntary act and deed as such officer on bdhalf of such corporation for the uses and purposes hereinabove set forth. Witness my signature and Notarial Seal this __ day of , 1907 . — • Notary Public Printed My commission expires : I am a resident of __ County, Indiana . This instrument was prepared by Mary K . Lisher , Baker & Daniels , 810 Fletcher Trust Building , Indianapolis , Indiana 46204 . • • • -7- EXHIBIT A LEGAL DESCRIPTION WOOD PARK, INC. SECTION I Primary Plat �parkDESCRIPTION • Part of the Horthwost Quurtur of Suction 1, Tuwnuhip 17 North, Range 3 Eo,st, Hamilton County, Indiums, and bulnu muru particularly ouscrlbod us follows: Beginning at a point on thu North lino pt uuld Quurtur Suction Doing North U9 degreus 04 minutes 4U uucunds Lout 1316.65 tout from Thu Northwust corner, thureof, sold point buin;; thu Northuaut corner of thu plat of Hamilton Woods Subdivision, Section 1, thu plot of which is rucurdud In Plot Book 2, pogo 169, In thu Office of Zhu Nucordur of Hamilton County, Indiana; thoncu North 69 degruos 04 minutes 40 uucunds Lust along suld North Ilnu 0.75 tout; thuncu South 00 dugruus 00 u►inutus 37 uucundu Lust 1374.50 foot to an Iron pipu found; thoncu North 89 dugruos 09 u,inutuu 49 seconds dust 1154.60 tout to u point on thu East lino of Lot 1 In sold uuUJivision; thoncu, thu next sovun courses aro along thu Eu.turiy and Southurly DounJury of sold subdivision, North 00 dagruos 00 minutu. 00 uucunds lust 217.09 tout, North 90 dogruus 00 minutos 00 suconds Eust 25.00 tout, North 00 duyruus 00 rnlnutus 00 suconJs East 922.39 tout, North U9 duUruuu 04 rnlnutus 48 suconds East 600.78 foot, North 00 dogruus 55 minutes 12 uucunds Wuut 40.00 tout, North 89 duyruus 04 minutos 46 seconds East 328.12 fuut, North 00 dugrous 12 n►Inutus 30 seconds East 180.03 feat to the Point of Uuginning and containing 30.436 acres, nroru or lass. Alsor A rupiat of Lots 19 and 20 10 ilumllion Woods Subdivision, Suction 1, thu plat of which Is rucorduU In Plot Uuuk 2, pugu 189, In thu OffIcu of thu Rucordur of Hamilton County, InJlanu, SuDjuct to all legal uu.uuwnts and rlghtu of way of rocoru.