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HomeMy WebLinkAboutPlat Covenants and Restrictions PLAT COVENANTS AND RESTRICTIONS The undersigned, Lexington Farms Associates, an Indiana Limited Partnership (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 Lexington Farms-Section 8, 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 (the "Subdivision" ) shall be known and designated as Lexington Farms - Section 8, an addition in Hamilton County, Indiana. In addition to the covenants and restrictions hereinafter set forth, the Real Estate is also subject to certain additional covenants and restrictions contained in the Declaration of Covenants , Condi- tions and Restrictions of Lexington Farms, dated the 8th day of October, 1987, and recorded October 27 , 1987 as Instrument No. 87-45707, 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 Lexington Farms 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 Declara- tion, 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 includ- ing transportation companies) , governmental agencies and the Asso- ciation, 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 drain- age 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 mainten- ance, repair and replacement of such drainage system and Common Areas; 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. Fences, shrubs and trees shall not be permitted to cross the flow line of drainage swales or be permitted to be within the Drainage Easement surrounding a lake. 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, screen- ing 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 Easement herein created and reserved. 4 . There are areas of ground on the plat marked "Green Belt Landscape Easements - A" 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, land- scaping, 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, improvement, shrubs, fences and trees shall be erected or maintained in or upon said Lake Easements . The owners of lots in the Subdivision shall take and hold title to the lots subject to the Green Belt Landscape Easement herein created and reserved. 5 . There are areas of ground on the plat marked Green Belt "Landscape Easements - B" which are hereby created and reserved: ( i) for the use of Developer during the Development Period or access to and the installation and replacement of foliage, land- scaping, screening materials and other improvements, and ( ii) for 2 the use of the Association for access to and the installation, maintenance, repair and replacement of foliage, landscaping, screening materials and other improvements, installed by Developer. The owners of lots in the Subdivision shall take and hold title to the lots subject to the Green Belt Landscape Ease- ments - B herein created and reserved. 6 . There are areas of ground on the plat marked Green Belt "Preservation Easement" which are hereby created and reserved 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 including but not limited to drainage, sanitary sewer and utility lines . After completion of the Development, the Green Belt Preservation Ease- ment shall be maintained in perpetuity in its then natural state. 7 . There are areas of ground on the plat marked "Lake Ease- ment" . 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 mainten- ance, 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 be permitted in the lakes or ponds located in and upon the Lake Easements . 8 . There are areas of ground on the plat marked "Sanitary Easements . " The Sanitary Easements are hereby created and reserved for the use of the Clay Township Regional Waste Dis- trict, its successors and assigns for access to and installation, maintenance repair and removal of sanitary sewer lines . The Sanitary Easements are 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 sanitary sewer line for the Real estate and adjoining property and (ii) for the use of the Clay Township Regional Waste District. 9 . There are areas of ground on the plat marked "Non-Access Easement" , created and reserved to prohibit access to any Lot on and over the Non-Access Easement by way of a driveway. 10 . There are areas of ground on the plat marked "Cul de Loop" which areas are created for the exclusive use and enjoyment of those particular lots having public street access therefrom. 3 Each such lot owner shall have an easement for ingress and egress in common with the other adjacent owners to the public street across such area. Such Cul de Loop shall have a landscaped island as shown on the plat therein adjacent to the public right-of-way. The paved portion of the Cul de Loop including curbs and the landscaping located within such designated area shall be maintained by the Association and the Association shall have an easement of ingress and egress for the purpose of this maintenance obligation only. 11. Building set-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 then zero ( 0) feet, with a minimum distance between buildings of 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 . 12 . No fence, wall, hedge or shrub planting which obstructs sight 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 of said 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. 13 . No residence constructed on a lot in the Subdivision shall have less than one thousand one hundred ( 1100) square feet of floor area, exclusive of garages, carports, and open porches . 14 . 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 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 residence shall be of a permanent type of construction and shall conform to the general architec- ture and appearance of such residence. 15 . No garage shall be erected on any lot in the Subdivision which is not permanently attached to the residence, and no 4 unenclosed storage area shall be erected. No enclosed storage area shall be erected on any lot which is not permanently attach- ed to the residence. 16 . 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. 17 . No trailer, shack, tent, boat, garage or other outbuild- ing may be used at any time as a residence, temporary or perman- ent; nor may any structure of a temporary character be used as a residence. 18 . No farm animals, fowls or domestic animals for commer- cial 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. 19 . No camper, motor home, truck, trailer, boat or recrea- tional vehicle of any kind be stored on any lot in the Subdivi- sion in open public view. 20 . 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 Subdivi- sion. 21 . 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 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. 22 . 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. 23 . 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 method of sewage disposal shall be located or construct- ed on any lot. 5 24 . 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 permit- ted on a lot other than the existing driveway. 25 . No antenna in the Subdivision shall exceed five ( 5) feet above a roof peak. 26 . No satellite dishes shall be installed or permitted in the Subdivision except as installed by Developer and after the end of the Development period except as approved by the Associa- tion. 27 . No metal, fiberglass or similar type material awnings or patio covers shall be permitted in the Subdivision. 28. All metal fencing used in the Subdivision 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. 29 . No above-ground swimming pools shall be permitted in the Subdivision. 30 . 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 neigh- boring lots and the streets . 31. All lots shall be accessed from the interior streets of the Subdivision. No access to any lot is permitted from 106th Street or 111th Street. 32 . Violation or threatened violation of these covenants and restrictions shall be grounds for an action by the Developer, and 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, injunctive relief against any such viola- tion or threatened violation, declaratory relief, and the recovery of costs and attorneys ' fees incurred by any party suc- cessfully 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 . 33 . These covenants and restrictions may be amended at any time by the then owners of at least two-thirds (2/3 ) of the lots 6 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 acknowledg- ed by the lot owner or owners concurring therein, which instru- ment shall set forth facts sufficient to indicate compliance with this paragraph and shall be recorded in the office of the Record- er of Hamilton County, Indiana. 34 . These covenants and restrictions (as the same may be amended from time to time as provided in the foregoing paragraph 33) 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 , 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. 35 . 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. IN WITNESS WHEREOF, the undersigned Developer, as the owner of the Real Estate has hereunto ca,.sed its name to be subscribed this & 1 day of � ( � « v , 19/P. • LEXINGTON FARMS ASSOCIATES, an Indiana Limited Partnership BY: Its General Partner DAVIS DEVELOPMENT - LEXINGTON FARMS, INC. , a Ind' a corporation By: • C . Richard Davis , President 7 STATE OF INDIANA SS: COUNTY OF"7C:r,L'f -2 ) Before me, a Notary Public in and for the State of Indiana, personally appeared C. Richard Davis, the President of Davis Development - Lexington Farms, Inc . , an Indiana Corporation, the general partner of Lexington Farms Associates an Indiana Limited Partnership, 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 /2/L-day of 19 9c,2. Notary Publ /06 Printed My Col�n issnExpires : Residing in- 2i ,-;iily County. This instrument was prepared by James J. Nelson, NELSON & FRANKENBERGER, 3021 E. 98th Street, Suite 220, Indianapolis, Indiana 46280 8 EXHIBIT "A" LEGAL DESCRIPTION LEXINGTON FARMS — SECTION 8 Part of the West Half of the Southwest Quarter of Section 1 , Township 17 North, Range 3 East in Hamilton County, Indiana; also part of Lots 224 through 230 of Orin Jessup Land Co. , First Addition to the Town of Home Place, as per plat thereof recorded in Deed Record 103, page 21 in the Office of the Recorder of Hamilton County, Indiana; also the vacated alley lying immediately East of Lots 224 thru 230 in said Orin Jessup Land Co. First Addition to the Town of Home Place, the vacation of said alloy recorded as Instrument #9030043 In the Office of the Recorder of Hamilton County, Indiana; also part of Lot 31 of Baby Tracts Addition to the Town of Home Place as per plat thereof, recorded in Deed Record 110 pages 8 and 9 in the Office of the Recorder of Hamilton County, Indiana, all being more particularly described as follows: Commencing at the Northeast corner of the said Half (uarter Section; said corner bears North 89 degrees 37 minutes 21 seconds 'lest (assumed bearing) 1340.16 feet from the Northeast corner of the said Southwest Quarter Section and South 89 degrees 37 minutes 21 seconds East 1340. 16 feet from the Northwest corner of the said Southwest Quarter Section; thence South 00 degrees 07 minutes 09 seconds East along the East line of the said Half Quarter Section 611 .08 feet to the Point of Beginning; thence South 89 degrees 52 minutes 51 seconds West 122.33 feet to a curve having a radius of 150.00 feet, the radius point of which bears South 79 degrees 18 minutes 07 seconds East; thence Southerly along said curve 28.32 feet to a point which bears South 89 degrees 52 minutes 51 seconds West from said radius point; thence South 89 degrees 52 minutes 51 seconds West 50.00 feet to a curve having a radius of 200.00 feet, the radius point of wnich bears North 89 degrees 52 minutes 51 seconds East; thence Northerly along said curve 32.18 feet to a point which bears North 80 degrees 54 minutes 05 seconds West from said radius point; thence South 89 degrees 52 minutes 51 seconds West 170.82 feet to the West line of a tract of land conveyed to Lexington Farms Associates per Warranty Deed recorded as Instrument #8744505 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 07 minutes 09 seconds East along the said West line and the West line of a five acre tract of land conveyed to Lexington Farms Associates per Warranty Deed recorded as Instrument #8743105 in the said Recorder's Office 724.93 feet to the North line of said Orin Jessup Land Co. , First Addition to the Town of Home Place; thence South 89 degrees 36 minutes 35 seconds East along the said North line 148.25 feet to a point that is 136.50 feet East of the West line of Lot 224 in said First Addition, said point also being the Northwest corner of that part of Lots 224 through 230 in said First Addition conveyed to Lexington Farms Associates per Warranty Deed recorded as Instrument 18743105 in the said Recorder's Office (the next seven courses are along the Westerly boundary of said part of Lots 224 through 230 conveyed to Lexington Farms Associates) ; ( 1 ) thence South 00 degrees 14 minutes 09 seconds East parallel with the West line of said Lots 134.72 feet to a curve having a radius of 25.00 feet, the radius point of which bears South 89 degrees 45 minutes 51 seconds West; (2) thence Southwesterly along said curve 39.55 feet to a point which bears South 00 degrees 23 minutes 25 seconds West from said radius point, said point also lies 10.00 feet South of the North line of said Lot 227; (3) thence North 89 degrees 36 minutes 35 seconds West parallel with said North line 111 .22 feet to the East right of way line of McPherson Street; (4) thence South 00 degrees 14 minutes 09 seconds West along said right of way line 50.00 feet to a point that is 10.00 feet South of the Northwest corner of said Lot 228; (5) thence South 89 degrees 36 minutes 35 seconds East parallel with the North line of said Lot 228, 140.00 feet; (6) thence South 16 degrees 08 minutes 00 seconds East 73.02 feet to a point which is 20.00 feet North of the South line and Legal Description Lexington Farms - Section Eight Page Two 160.00 feet East of the West line of said Lot 229; (7) thence South 00 degrees 14 minutes 09 seconds East parallel with the West line of said Lots 70.00 feet to the South line of said Lot 230; thence South 89 degrees 36 minutes 35 seconds East along the said South line 108.72 feet to a point on the Northwesterly right of way line of I .U.T. Boulevard; thence Northeasterly along said curve and right of way line 82.35 feet to a point on the East line of the Southweset Quarter of the said Southwest Quarter, said point bears North 40 degrees 32 minutes 54 seconds West from said radius point; thence North 00 degrees 07 minutes 09 seconds West along said East line 295.32 feet to the Southeast corner of the Northwest Quarter of the said Southwest Quarter Section; thence North 00 degrees 07 minutes 09 seconds West along the East line of the said Quarter Quarter 724.10 feet to the point of beginning, containing 7.248 acres, more or less. Also: Part of the East Half of the Southwest Quarter of Section 1 , Township 17 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southwest corner of the said Half Quarter Section, said corner bears North 89 degrees 35 minutes 50 seconds blest (assumed bearing) 1334.73 feet from the Southeast corner of the said Southwest Quarter Section; thence North 00 degrees 07 minutes 09 seconds West along the West line of the said Half Quarter Section 740.40 feet to the Point of Beginning, which is an angle point in the Westerly line of Lot 119 in Lexington Farms-Section Three, the plat of which is recorded as Instrument #8923919 in P.C. No. 1 , Slide No. 60 in the Office of the Recorder of Hamilton County, Indiana (the next three courses are along the Westerly boundary of said Lexington Farms-Section Three) ; ( 1 ) thence North 43 degrees 00 minutes 00 seconds East 151 .28 feet; (2) thence North 53 degrees 38 minutes 00 seconds East 42.84 feet; (3) thence North 10 degrees 00 minutes 00 seconds East 53. 19 feet to an angle point in the Southerly line of Lot 162 in Lexington Farms-Sections Five, the plat of which is recorded as Instrument #8923925 in P.C. No. 1 , Slide No. 62 in the said Recorder's Office (the next two courses are along the Southerly boundary of said Lexington Farms-Section Five) ; ( 1 ) thence North 34 degrees 37 minutes 53 seconds West 162.90 feet; (2) thence South 89 degrees 52 minutes 51 seconds West 55.00 feet to the West line of the said Half Quarter Section; thence South 00 degrees 07 minutes 09 seconds East along the said West line 322.35 feet to the point of beginning, containing 0.684 acres, more or less.