HomeMy WebLinkAboutDeed Restrictions4/5/60 Wnimb,
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TXTS AORUMM, made and entered into in the City
' 14
of lndianapolixp State, of, 1hdLaAAj im, *his day of
April, 1960* byand between OWCXMWS° XAT1OMkXXK,,#,M
TRUST COMPAXY to an
"First Party"), STATE HAMILTON COR . Pj, (hereinafter referred
to as "Second Party"), and THOOK R. NAtA and JHLRM N. MALE,
husband and Wife, (hereinafter referred to as 'Third Parties),
WITNESSETHI
WHMWM, First Parties are, the owners In fee simple
of the following described real estate and Second Parties have
an option for the development and purchase OfLauoh real estate,
which real estate is located In Hainilton County, Indiana, and
is particularly described an followai
A part of the SiXitheast Quarter of Section.9,
ToUnshig-17-'North, Range 3 FAMt, Hamilton
County, Indiana, more particularly described
as follows, to -wits
Beginningat the Southeast corner of the South-
east Quarter of said Section 91 running thence
West on and along the South line thereof a
distance 99 2678,47 feet to the Southwest
corner of the Southeast Quarter of said Section
9, running thence North on and along the Wast
line of the Soothe at quarter of said Section
9 a distance of-2699i6reet to the Northwest
corner, of -;the Bouthe"t :quafter of said auction
9y,wdd poAnt also bsir4 ".the Southwest corner
ott the South half or.the =,Xorthoast(Aartor of
said 4eation ft therim io a northward--direation
a dis tanoo - or-4WAO rootto the
do"Wr of 4hal SWA& j*1f_ Vf.. the "10-korsh-
asat quarter of 600tlion,9ixunning thence East
on and along the Vorth-lino� ot the South half
Of the sald Northeast Qkarttr a distance of
2658.00 foot to the Northeast cornercr the
South half of the said Northeast quarter Sectionj
running thence South on and along the Past line
booK_ 60
of the South half of the qa1d Northeast Quarter
Station a 61.2tanae of 1082,40 feet to a point]
thaws West and parallel to the South line of
the said Northeast Quarter Station a distanas
Of 1638.0 feet to & point] thanes South and
parallel to the lest line 0 the, Northeast
Quarter and the Southeast Qtu4-,ter or the afore-
said Section 9 a distance ofAT14,0 feet to,a
�oifttj theme Rest AM parallel to the North
ins of the Soutlw it qutr4w of maid, Aeotion
9 a distanci 1600 feet, to a point on the
East line of the said SofA%h*axt Quarter Boationj
thaws South on and &I the Best line of the
a d•8 %tion a distance of
2 _
tu.60gutheast Quarter feet to the point or place of beginning.
Containing in all 227.45 tovessnore or loss.
WMMMB, Third Parties are the owners in fee
simple of the following described real estate in Hamilton
County, State of Indiana, to -wits
A pant. of the Northeast or and a part of
the Southeast Quarter oft1tion 9, Township
IT, North, Range 3 East, Hamilton County,
Indiana, more particularly described an fol-
low, te-wit i
Beginning at the Southeast corner of the
Northeast 4urter of the aforesaid Section
9;, rUnfiIngthence North an and al na the
East line �W*roof a distance'or 293.18 foot
pointl thenav Watt an ,0 parallel to the
South line of the Northeast, Itarter of Said
Station 9, a distends, 0,160.0 feet to a
point]thdnas South and parallax to the last
line of the Northoa#tQuarter and the South-
saxb rtor of the Aforessid Section 9 a
tWnos gait ai3dparallel to the North line
of the AGMth0"%'*MU-t0r xnk*ljWthwS"th;_
IAO of � the, xdkIiiit 4iortor 4 distinct of
JA 4tStA"%_UJW of,
t2ae `fib rtor A Lftro"I
Of ow lagoF. iW'TR';;
t#
'41 WL" a 40*004"mein or lostis
i
Of 1959,
ths. ps Aq'-"0mt' ot 144t '14"008-d t""
.*de" #0 Third Partist
ZV' ;Y'
•Aterod Silo
a A 000#U 01titisio *j"nt UtAbliah.
1:39
t :ng Restrictive Covenants", and,
i KHEREAS,.the parties hereto are desirous of amending
{ said Agreement Establishing Restrictive Covenants.to...eatablish
a now minimum size parcel of real estate which may be conveyed
out of the above described reed estate. NOW T119Rb6ft$', .1n::66nnideration of the mutual cove-
nants, agreements and undertakings herein contained, it is agreed
by and between the Parties as followsi
1. That the restrictive covenants contained is a per-
tain "Agreement Establiahing Restrictive Covenants." dated the 23rd
day of February, 1959, by and between Guernsey Van Riper, Jr., and
Ruth Lilly Van Riper, husband and wife, and Theron R.'Hals and
Shirley N. hale, husband and wife, are hereby amended to conform
'jit h the following restrictive oovenants, which shell henceforth
supersede and replace all of the restrictive covenants in said
i0owammt of February 23, 1959
8, No tract, part, or parcel of the:above described real
kittet"'shall be sold, transferred, conveyed or subdivided by gift,
inheritance, deed, contract or otherwise which treat, part or parcel
ihali be`1esiR than' one full acre in area.
3 Only one single family redidence dwelling and its
appurtsnint outwbuildings shall be etlowed on any one acre of real
i
estate subsequently oonVaytd, devised, bequeathed or located on the
above d�rcribed real'�rtate:
4. -,me building shall be erected on the above described
ioei it riF bo +i` igMt';�it+iiit+rr' ttitt't1►3r�t�tiv {3g') rest -Mess'.
used trwa'tib1 gi¢ildf`to"�ti Bair bt th* eave's of swsh building.
f: All tracts Lead "reels whsli have a Wilding set -back
I line of not li ib thin wrveltty-Ore (751) frost the street or highway
i,�i htiwcK- i.ltw *1e rt rahielr such dwelling fronts. No building
or Vojeilioa 4of -b"Ulhg other than an unenalosod porch or orMsental
e i' bit wall" rots 'ezetiedi` * three and one4jeli `(3JI) feet ib height
r3 r
.. ::... ,... .�.._.;ax4....a...u-rMalawi...r ww;aw»�. _».:.a.. .,. c ....._...-:._..,.....�... .�_. _..
may be treated between sash build:.ng aet-back line as herein astab-
lisped and the street or highway rs.ght-of-way line.
6. Emery loo or txaot to the above desaribed real estate
i
shall have a lot frontage of not leas titan one hundred (1001) feet
measured at the eat-baok line, c rear yard of not less th9h forty
(401) feet in`depth and a aide yard on eadh'aide 'of tha dwe].Itng
� house hot iesethan twenty ' (20) Not. ,
T. The rt8trictiie coverante heleinaboVe a`Et forth in
subperagraphe 2,3, 4, g and 6 hereof a.e defined by t panties to
be and shall be oonatrued as covenants'runtiing with tho'land -and
shall be binding'Vp6h and inurt to the benefit of the -parties hereto,
their heirs, exeoutbrs,' transferees, devisees, granteea, suaa#"#*s-
j in•interest and aeeijine.
8. "Thab in'the event of any violation or attempted viola-
tioh`otany of 'the ooviftants herein edntdined by any of the parties
hereto, or'by their heirs, eGxroutors, transferees; devisees, grantees,
suob sborrz#in+in4ei�est'o>+'sisions, any other party, or any other
pairtyis L.hiiisl,�executore, transferaee,`devisees, gra tens, suacsaeors-
tI Ifi4 fiersilb` br'gsldtgnd, ihall'halie the right to obtain a'perpetuai'
I 1njunotion againdt-suoh'`vitrlation or'attempted violation of 'said
} refit td$ire=ooveru'Atds
iN`itY91`11li0yj the :set
tri�l,�' hf�1Yd6�' attd "ueAis "bKs daft '`i�nd yesar firep abov*' Mritieti`�
� f�x�irintlis
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t w£s+,•s��i'�Y , 1`"st s .it< r x=�,�s� ^i'�'%� t �`'' y •,�PAU: Cfr,��:
AMOT.(
Karl
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fiftfj Of IANA
Cd17f � MARZON �8s J
t!nthl.s 30th day of April, 1960, before the undersigned Notary
Y .4 ..
1►1tblid 3n'a`! for said county and state, personally appeared Prod P.
Back" -and Nsll C. Batsbrook, personallykdoMn b�:ee'to:be yioo ,.
lresidellt and.Asaistant Cashier, respeotiwely, of Merchants National
Batik k DarpaAy ol:.Indias}a?O}i4,,,and aoknOWlfdged the execution
of the foregoing Agreement Ammoing Restrictive Covenants.
WITHISS my hand and fotarlal Seal.
lticlti"�'�� IME ,
SO
F OM- of April, l$60,, Aafare the, undersigned Notary
,�le d;ootufty and .etsate,, personally appeared Darld
A4n6�q� Waddell,, personally known by me to be the ?resident
ar•rospestively of State -Hamilton Corp., sad aoknorlaiged
f i aqc* tl►ion of the foregoing Agreement Agondttta nertriotira Cavenenta
}t .?�t1d'x Aehtt! of said corporation.
IYJtHBS;` �tattd and Notarial aeaL _
,T
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This Instrument Recorded
ELIZABETH CLOVER, RECORDER HAMILTON COUNTY, IND: