HomeMy WebLinkAboutDeclaration of Restrictions UNRECORDED DECLARATION OF RESTRICTIONS
SUTTON PLACE
THE UNDERSIGNED, E.F. S. partnership, an Indiana partnership
("E. F. S. ") are the owners of the Real Estate described in exhibit
"A" attached hereto and made a part hereof, "The Real Estate" shall
be developed by "Sutton Place Joint and Land Innovators Co. , (an
Indiana Limited Partnership) as joint ventures. The owner
certifies that it has laid off, platted and subdivided and hereby
lays off, plats and subdivides "The Real Estate" in accordance with
the plat of the "Sutton Place Section 2" as an addition in Hamilton
County, Indiana. In order to provide adequate protection to all
present and future owners of lots in this subdivision, the
following covenants, restrictions, and limitations are hereby
imposed upon and shall run with the land included in this
subdivision and shall be binding upon the Development and anyone at
anytime owning any part or portion of such land. All street shown
and not heretofore dedicated, are hereby dedicated to the public
for its use.
1. There shall be, and there is hereby created and
established the "Development Control Committee" (hereinafter
referred to as the "Committee") to perform the functions provided
to be performed by it hereunder or under the provisions of the
within plat. Robert N. Thompson, John W.Whitlock and James M.
Franco, or their duly authorized successors, shall constitute the
Committee. In the event of the death or resignation of any member
of said committee shall be elected by a majority vote of the owners
of the lots located in Sutton Place with the owners entitled to one
vote for each lot owned by them. When more than one person holds
and interest in a lot, the vote for such lot shall be exercised as
they among themselves agree, but in no event shall such vote be
split into fractional shares nor shall more than one vote be
consist of not more than three people.
The duties and the responsibilities of the Committee are as
follows:
a. The Committee shall regulate the external appearance,
use, location, and maintenance of lands subject to these
restrictions, and improvements thereon, in such a manner
as to preserve and enhance values as a single family
residential subdivision, to maintain a harmonious
relationship among structures and the natural vegetation
and topography and to determine compliance with these
restrictions. The developer shall maintain area
designated Block "A" until land and responsibility for
maintenance is turned over to the association.
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b. The Committee may establish forms and checklists for the
presentation of information, review, and approval of the
building plans, specifications, plato plans, drainage
plans, landscape plans, or other pertinent information as
it affects the committee' s responsibilities.
c. The Committee shall approve or disapprove proposed
improvements within 30 days after all required
information shall have been submitted to it. One copy of
submitted material shall be retained by the Committee for
its permanent files. All notifications to applicants
shall be in writing, and, in the event that such
notification is one of disapproval, the Committee shall
specify the reason or reasons therefor.
d. Neither the Committee nor any of its members shall be
entitled to any compensation for services performed
pursuant to this covenant or in performing any of its
duties of obligations set forth in this declaration.
e. Neither the Committee, nor any member thereof, nor any
agent thereof, shall be responsible in any way for any
defects in any plans, specifications or other materials
submitted to it, nor for any defects in any work done
according thereto. Further, the Committee does not make,
and shall not be deemed by virtue of any action of
approval or disapproval taken by it to have made any
representation or warranty as to the suitability or
advisability of the design, the engineering, the method
of construction involved, or the materials to be used.
2 . No construction shall be commenced nor any building or
fence be erected, placed, or altered on any lot in this subdivision
until the building plans, specifications, plot plan, drainage plan,
and landscaping plan, showing the location of all the construction,
structures, drives, walks, landscaping, and drainage have been
approved as to the compatibility with existing structures and
compliance with these restrictions in accordance with the
procedures for such adopted by the Committee. If the Committee
fails to act upon complete plans within thirty (30) days from the
submission data of the same, the owner may then proceed with the
building or construction activity according to the plans as
submitted.
3 . No wall, fence, hedge, or shrub planting which obstructs
sight line at elevation above 2 feet shall be placed or permitted
to remain between the front property line and the front building
set-back line except where such shrub planting is approved by the
committee. No fences shall be allowed except where required by law
and/or approved by the committee.
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4 . A front yard, dawn-to-dusk low intensity light of less
than 100 watts directed downward and away from adjacent lots shall
be installed builder and maintained on each lot in subdivision by
the respective owners thereof. Prior to the installation of said
front yard light, drawings, diagrams, and any other documents
requested by the Committee for its approval. Such approval shall
include design, color, location, and height of any such light. The
Committee reserves the right to standardize all the lights in the
subdivision.
5. All lots in this subdivision shall be used solely for
singly family residential purposes unless alternative uses, such as
permitted homes occupations, according to existing zoning laws.
6. No metal outbuilding shall be permitted on any lot. All
outbuildings must be of the same design and materials as the
primary structure. The approval of the Committee must be obtained
before any outbuilding is erected, placed, or altered on any lot.
It is the intent of this restriction to prohibit outbuildings such
as storage sheds, storage barns, and similar such structures.
7 . No dwelling house constructed on any of the lots shall be
occupied or used for residential purposes or human habitation until
it shall have been substantially completed. The house shall be
substantially completed when an occupancy permit has been issued by
the appropriate governmental agency granting such permits.
8 . Building set-back lines are hereby established as shown
on the plat of Sutton Place. Between such lines and the property
lines of the streets, no building, structure, or accessory building
shall be erected or maintained. In addition, no building,
structure, or accessory building shall be erected closer to any
side lot line of 10 feet with an aggregate of 30 feet. No habital
building shall be erected closer to any rear lot line than 20 feet.
Where buildings are erected on more than one single lot, this
restriction shall apply to the combined lots as if they were one
single lot.
9 . the ground floor of each dwelling constructed on a lot,
exclusive of one-story open porches, garages, and basements, shall
not be less than 2 , 00 square feet in the case of a one-story
structure, nor less than 1, 400 square feet in the case of a
multiple story structure, provided no structure of more than one-
story shall have less than an aggregate of 2 , 400 square feet of
finished and liveable floor area. Except lots 99 through 107 ,
inclusive adjacent the east property line which shall not be less
than an aggregated of 2500 square feet of finished and liveable
floor area.
10 . Every building whose construction or placement on any lot
is begun shall be completed within twelve (12) months after the
beginning of such construction or placement. No improvements which
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has partially or totally been destroyed by fire or otherwise, shall
be allowed to remain in such state for more than three(3) months
from the time of such destruction or damage. If any improvements
has been destroyed by fire or otherwise, a written intent or repair
and/or demolition shall be submitted to the Committee within thirty
(30) days.
11. All structures constructed or placed on any lot shall be
constructed with substantially all new material and no used
structure shall be relocated or placed on any such lot.
12 . Every house in this subdivision shall have at least a
two-car garage, attached, of the same architectural design and
materials as the house.
13 . The finished exterior of every building constructed or
placed on any lot shall be of material other than aluminum siding,
rollbrick siding, or any other similar artificial material.
14 . All driveways must be paved from their point of
connection with the abutting street or road to a point of
connection with the garage entry.
15. No temporary house, trailer, garage, or other outbuilding
shall be placed, erected, or kept on any lot.
16. Utility services shall, to the greatest extent possible,
be installed underground and in or adjacent to public right-of-
ways.
17 . No owner of a lot shall burn or permit the burning out-of
doors of garbage or other refuse, nor shall any such owner
accumulate of permit the accumulation out-of-doors of such refuse
on his lot expect at the times when refuse collections are being
made.
18 . Every outdoor receptacle of ashes, trash, rubbish, or
garbage shall be installed underground or shall be so placed and
kept as not to be visible from any street within the real estate at
any time, except at the times when refuse collections are being
made.
19 . The size, location, height, and composition of any
mailbox must be approved by the Committee. The Committee reserves
the right to design and cluster mailboxes and/or standardize the
design mailboxes.
20. Whenever two or more contiguous lots shall be owned by
the same person, and such owner shall desire to use two or more of
said lots as a site for a single dwelling unit shall be treated as
a single lot for the purpose of applying these restrictions to said
lots, so long as, and only so long as, and only so long as, the
lots remain improved with only one single dwelling unit.
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21. The owner of any lot shall at all times maintain the lot
and any improvements situated thereon in such a manner as to
prevent the lots or improvements situated thereon from becoming
unsightly and, specifically, such owner shall:
a. Mow the lot at such times as may be reasonably required
in order to prevent the unsightly growth of vegetation
and noxious weeds;
b. remove all debris ar rubbish;
c. Prevent the existence of any other condition that
reasonably tends to detract from or diminish
the aesthetic appearance of the real estate;
d. Cut down and remove unsightly dead trees;
e. Where applicable, prevent debris and foreign material
from entering drainage areas;
f. Keep the exterior of all improvements in such a state of
repair or maintenance as to avoid their becoming
unsightly; and,
g. Within sixty (60) days following completion of a house on
a lot, the owner shall landscape the lot, weather
permitting.
22 . It shall be the duty of every owner of every lot on which
any part of an open storm drainage ditch or swale is situated to
keep such portion thereof, as may be situated upon his lot
continuously unobstructed and in good repair.
23 . Each lot owner and/or builder shall be responsible to
prevent erosion and protect the natural environment. This shall be
accomplished by designating areas on the landscape plan which are
to remain undisturbed and to provide and erosion control plan for
any areas which will be disturbed during construction.
24 . The disposal of water form sup pumps, geothermal water
systems, swimming pools, or other forced water discharges shall not
be allowed unless approved by the Committee. Under no
circumstances shall the above mentioned water sources be allowed to
discharge into the street or adjacent lots except through
established drainage easements. Approval by the Committee shall be
granted only when adequate measures are submitted to protect the
drainage way from erosion or other damaging effects.
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25 . the drainage plan required to be submitted to the
Committee shall show the topography of the lot and the proposed
method of drainage to ensure that drainage from the lot will not in
any wa adversely affect adjacent property owners, rights-of-way,
easements, streets, or common property.
26 . There will be no parking on the dedicated streets except
when a lot owner has a social function where the invited guests
will not be able to park on the owners lot and then on only the
north or east side of the street. The provision to allow parking
for social functions only applies to automobiles and not to any
other form of vehicle. Overnight parking is not allowed on any
dedicated street.
27 . Lots are subject to drainage easements, sewer
easements,utility easements, and landscape easements either
separately or in combination of the three, as shown on the plat,
which are reserved for the use of the lot owners, public utility
companies, the Sutton Place Property Owners ' Association, and
governmental agencies as follow:
a. Drainage easements (D.E. ) are created to provide paths
and courses for area and local storm drainage, either
overland or in adequate conduit, to serve the needs of
the subdivision and adjoining ground and/or public
drainage system, and it shall be the individual
responsibility of the lot owner to maintain the drainage
across his own lot. Under no circumstances shall said
easement be blocked in any manner by the construction or
reconstruction of any improvement including fences, nor
shall any grading restrict water flowing in any manner.
Said areas are subject to construction or reconstruction
to any extent necessary to obtain adequate drainage at
any time by any governmental authority having
jurisdiction over drainage or be the developer of the
subdivision.
b. Sewer easements (S.E. ) are created for the use of the
local governmental agency having jurisdiction over the
storm and/or sanitary waste disposal system of said city
and/or county designated to serve the addition for the
purposes of installation and maintenance of sewers that
are a part of said system. Each owner of a lot must
connect to the public sanitary sewer.
c. Utility easements (U.E. ) are created for the use of
public utility and cable television companies, not
including transportation companies, for the installation
of pipes, mains, ducts, and cables as well as for the
uses specified in the case of sewer easements.
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d. Landscape easements (L.E. ) are created for the use of The
Sutton Place Property Owners' Association, Inc. , for the
purpose of maintaining and replacing landscaping located
within said easement areas.
e. The owners of all lots in this addition shall take title
subject to the rights of public utilities, governmental
agencies, and the rights of the other lot owners in this
addition to said easement herein granted for ingress and
egress in, alone, and through the strips of ground for
the purposes herein stated.
28 . No construction vehicles, shacks, or outhouses shall be
erected or situated on any lot herein, except for use by a builder
during the construction of a proper structure, which builder ' s
temporary construction structure shall be promptly removed upon
completion of the proper structure.
29 . During the construction period, the lot shall be
maintained in a clean and orderly manner. Loose shingles, lumber,
bricks, block, drywall, insulation, or other building materials
shall not be scattered about or around the building. Materials
which can blow into adjacent lots shall not be left lying around.
Construction trash shall be removed from the lot once per week by
either removing the trash from the lot or disposing the trash into
a dumpster provided by a trash disposal service.
30. The lot owner shall be responsible for removal of dirt,
mud, or debris or other foreign material of any kind which may be
deposited upon the street from construction on the lot. If such
deposits occur, them the lot owner shall make provisions to remove
such deposits within one (1) day or the Committee may remove such
deposits and charge the lot owner.
31. All motor vehicles belonging to members of a household
shall have permanent off-street parking spaces in garages or on
driveways and no disabled vehicle shall be openly stored on any
residential lot. Also, no boat, trailer, camper, all terrain
vehicle, motorcycle, snowmobile, or motor home of any kind
(including, but not in limitation thereof, house trailers, camper
trailers, or boat trailers) shall be kept or parked upon said lot
unless kept from view of neighboring residences and streets in a
garage.
32 . No advertising signs (except one per lot of not more than
four (4) square feet advertising the lot or home thereon for sale) ,
billboards, unsightly objects, or nuisances shall be erected,
placed, or permitted to remain on any lot, except lots used as a
model by an owner which then owns three or more lots. This
restriction shall not preclude the developer from constructing
informational signs at the entrance to the subdivision regarding
the sale of lots and homes therein.
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33 . All clothes lines, equipment, garbage cans, or storage
piles shall be kept from view of neighboring residences and
streets. All rubbish, trash, or garbage stored outside andy
residence shall be regularly removed from the premises and shall
not be allowed to accumulate therein. Firewood pile shall be kept
neat and unobtrusive.
34 . No outside toilets shall be permitted on any lot (except
during a period of construction and then only with the consent of
the Committee) , and no sanitary wasted or other wastes shall be
permitted to exposed.
35. No farm animals, fowl, or domestic animals for commercial
purposes shall be kept or permitted on any lot or lots in this
subdivision nd in no case shall there be allowed more than four (4)
ordinary household pets.
36 . No noxious unlawful, or otherwise offensive activity
shall be carried out on any lot in this subdivision, nor shall
anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood.
37 . No high intensity lighting, outside television, radio or
other antennas or satellite dishes or any visually obtrusive object
may be erected by any lot owner on the exterior of a dwelling or
anywhere on a lot unless approved by the Committee.
38 . If the parties hereto, or any owner, or their heirs or
assigns shall violate or attempt to violate any of these covenants,
restrictions, provisions, or conditions herein, it shall be lawful
for the Committee (as to matters for which it has responsibility)
or any other person owning any real property situated in this
subdivision to prosecute any proceedings at law or in equity
against the person or persons violating or attempting to violate
any such covenant, restriction, provision or condition, either to
prevent him from doing so, or to recover damages or other dues for
such violation, or to require the removal of structures erected in
violation hereof. The prevailing parties shall have the right to
recover legal expenses, including reasonable attorney' s fees.
39 . The Sutton Place Property Owners' Association, Inc.
a. In General.
(1) There will be created, under the laws of the State
of Indiana, a not-for-profit corporation to be
known as the "Sutton Place Property Owners '
Association, Inc. " which is referred to as the
"Association. " Every owner of a residential lot in
the subdivision shall be a member of the
Association.
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All owners of lots within the subdivision shall be
subject to all the requirements and limitation imposed in
these restrictions.
b. Purposes of the Association.
(i) The general purpose of the Association is to provide a
means for the promulgation and enforcement of regulations
necessary to govern the use and enjoyment of such commons
and landscape easements or other amenities and such other
facilities, recreational or otherwise, within the
subdivision as may be conveyed to the Association.
c. Power of Association to Levy and Collect Charged and
Impose Liens.
(1) The Association shall have all of the powers set forth in
its Articles of Incorporation, together with all other
powers that belong to it by law, including the power to
levy a uniform annual charge or assessment against the
lots within the subdivision. Such charge shall be at
least $25 per year for each residential lot in the
subdivision.
However, if the Board of Directors of the Association,
acting in accordance with the By-Laws of the Association,
shall so determine after consideration of the financial
requirements of the Association, the annual charge may be
greater than $25 . No charge shall ever be levied by the
Association against the Developer.
(ii) Every such charge shall be paid by the members of the
Association before the first day of March of the year
which the charge is made. The Board of Directors of the
Association shall fix the amount of the annual charge by
the first day of February of each year, and written
notice of the charge so fixed shall be sent to each
member.
(iii) Any charge levied or assessed against any lot,
together with interest and other charges or costs
as hereinafter provided, shall become and remain a
lien upon that lot until paid in full, and shall
also be a personal obligation of the Owner or
Owners of that lot at the time the charge fell due.
Such charge shall bear interest at the rate of ten
percent (10%) per annum until paid in full. If, in
the opinion of the board of Directors of the
Association, such charge has remained due and
payable for am unreasonably long period of time,
the Board may, on behalf of the Association,
institute such procedures, either at law or in
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equity, by foreclosure or otherwise, to collect the
amount owing in any court of competent
jurisdiction. The Owner of the lot or lots subject
to the charge, shall, in addition to the amount of
the charge at the time legal action is instituted,
be obliged to pay any expenses or costs, including
attorneys' fees, incurred by the Association in
collecting the same. Every Owner of a lot in the
subdivision and any person who may acquire any
interest in such lot, whether as an Owner or
otherwise, is hereby notified, and by acquisition
of such interest agrees, that any such liens which
may exist upon said lot at the time of the
acquisition of such interest are valid liens and
shall be paid. Every person who shall become an
Owner of a lot in the subdivision is hereby
notified that by the act of acquiring, making such
purchase or acquiring such title, such person shall
be conclusively held to have covenanted to pay the
Association all charges that the Association shall
make pursuant to this sub paragraph of the
Restrictions.
(iv) The Association shall, upon demand, at any time, furnish
a certificate in writing signed by an officer of the
Association that the assessments on a specified lot have
been paid or that certain assessments against said lot
remain unpaid, as the case may be. A reasonable charge
may be made by the Board of Directors of the Association
for the issuance of these certificates. Such certificate
shall be conclusive evidence of payment of any assessment
therein stated to have been paid.
d. Purpose of the Assessments. The charges or assessments
levied by the Association shall be used exclusively for the purpose
of promoting the recreation, health, safety, and welfare of the
members of the Association, and for the improvement and maintenance
of any properties owned, operated, or maintained by the
Association.
e. Suspension of Privileges of Membership. Notwithstanding
any other provision contained herein, the Board of Directors of the
Association shall have the right to suspend the voting rights, if
any, and the right to use the facilities of the Association of any
member (i) for any period during which any of the Association' s
charges or any fines assessed under these Restrictions, or
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other authority, owned by the member remains unpaid; (ii) during
the period of any continuing violation of these restrictive
covenants commencing with declaration of the existence of the
violation by the Board of Directors for the Association; and/or
(iii) during the period of any violation of the Articles of
Incorporation, By-Laws, or regulations of the Association.
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40. These covenants are to run with the land and shall be
binding on all parties and all persons claiming under them until
December 31, 2011, at which time said covenants shall be
automatically extended for successive periods of ten (10) years
each, unless by a vote of a majority of the then owners of the lots
it is agreed to amend said covenants in whole or in part; provided,
however, that no change or termination or said covenants shall
affect any easement hereby created or granted unless all persons
entitled to the beneficial use of such easement shall consent
thereto.
41. Invalidation of any of the foregoing covenants,
provisions, restrictions, or conditions by judgement or court order
shall in no way affect any of the other provisions, which shall
remain full force and effect.
42 . The provisions of the Agreement are the only covenants
and restrictions for the benefit of the Real Estate, all past
restrictions either recorded or unrecorded are hereby waived,
released, null, void, and of no force or effect whatsoever.
43 . Owners and Association shall not object to annexation if
requested by the City of Carmel.
IN WITNESS WHEREOF, the parties hereto have subscribed their
names on the day and year first above written.
E.F. S. PARTNERSHIP
By:
James M. Franco
General Partner
By:
Thomas J. Spahn
General Partner
By:
C. Layton Elliott
General Partner
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STATE OF INDIANA
SS:
COUNTY OF MARION
Before me, a Notary Public in and for said county and State,
personally appeared
, acknowledged the execution
of the foregoing instrument as his voluntary act and deed for the
use and purpose therein expressed.
WITNESS my signature this day of
199
Signature:
Printed: Judy K. Kiemeyer
Notary Public residing in Marion County, Indiana.
My Commission expires: April 8 , 1998
* Please Note: Maintenance of the common area and pond will
be the responsibility of the Homeowners '
Association.
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