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HomeMy WebLinkAboutRestrictive Covenants_Brookshire Lakes, Sec. 1 , . 4,/ l ��_\�N �. I LumBERLf-- a Q� An, %. 1 522 S. RANGELINE RD. • CARMEL, IN 46Us'i PHONE 846-5866 RESTRICTIVE COVENANTS- BROOKSHIRE LAKES, Sec. 1 The undersigned, Lumber Mart Inc. by Albert. L. Hughey, Vice President and Assistant Secretary, and Paul B. Hughey, President, owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, and do hereby lay off, p'at and. subdivide, said real estate in accordance with the within plat. The following restrictions, limitations, and covenants are hereby imposed upon and shall run with the land contained in such plat. ^^i,.t;i.,r shall be known and deoignated as RRoOKSHTRF LAKES SECTION ONE, a subdivision in Hamilcvn County, Indiana. All streets snown ana nor ,IeLecoLOLe ueuiLat.<i, are hereby dedicated to the public. Front and side yard building setback lines are hereby established as shown on this plat, between which line and the property lines of the street, there shall be erected or maintained no building or structure. There are :trips of ground as shown on this plat and marked Drainage and Utility Easement, reserved for the use of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No permanent or temporary structures or fences are to be erected or maintained upon said strips of land, but owners or lots in this subdivision shall take their titles subject to the rights of the public utilities and the City of Carmel. The reservation of these easements to the use of public utilities does not in any way limit the additional reservation of some of those easements to he used for ingress and egress as here- inafter described. Lots 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50, 51, 52, 53, 54, 55, 56, and 57 have areas shown on this plat and marked Drainage and Utility Easement, reserved for the use of public utilities as provided above and for the permanent storage of storm water, No fences or ocher structures are to be erected or maintained upon said easements and no filling or grading shall be done in said areas with- out specific prior approval by the Carmel Plan Commission. The owners of Lots 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50, 51, 52, 53, 54, 55, 56, and 57 are hereby reserved an easement over the drainage and utility easement on each of those enumerated lots for the use and enjoyment of the lake formed by storm water storage. Certian of the drainage and utility easements are reserved additionally ioi inb_ess and egress to the storm water retention lakes, to the owners of lots 24, 25, 26, 27, 28, 29. 30, 31, 32, 33, 34, 35, 36. 37. '38, 19, 40, 41. 42, 43. 44, 45, 46, 47, 50, 51, 52, 53, 54, 55, 56 and 57. The easements so reserved are chose, the centerlines cf which form Lhe Lot ' 1,mac dividing lots 25 and 26; 26 and 27; 33 and 34; 37 and 38, 39 and 40; 41 and 42; 42 and 43; 46 and 47; 47 and 24; 47 and 23; 47 and 48; 48 and 23; 49 and 50; 50 and 51; 55 and 56, and the ten foot (10') easement on the north side of lot 57. A. There will be created, under the laws of the State of Indiana, a not-for-profit corporation to be known as the "Brookshire Lakes Lake Owners' Association, Inc." which is referred to as the "Association". The owners of Lots 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50, 51, 52, 53, 54, 55, 56, and 57 shall be members of the Association. B. (i) The general purpose of the Association shall be ro provide a means whereby those area within the Subidivison designated as drainage and utility easements tor the purpose of storage of storm water on the within plat and such other facilities and services within ille Swbdivision as may be conveyed to the Association or established by it, may be operated, maintained, repaired end replaced. (ii) An additional 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 facilities or other amenities within the Subdivision as may be conveyed to the Association. LUMBERf Inc. 522 S. RANGELINE RD. • CARMEL, IN 46032i PHONE 846-5866 C. (i) 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 aginst the lots within the Subdivision. No charge shall ever be levied by the Association against Lumber Mart, Inc. or any corporation that may be created to acquire title to and operate utilities serving the Subdivision. (ii) The Board of Directors of the Association shall fix the amount of the annual charge by the first day of January of each year, and written notice of the charge so fixed shall be sent to each member. The Board of Directors shall fix the date upon which payment of the charge is due. (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 eight per cent (87.) per annum until paid in full. it, in the opinion of the Board of Directors of the Association, such charge has remained due and payable for an unreasonably long period of time, the Board may, on behalf of the Association, institute such procedures, either at law or in equity, by fore- closure or otherwise, to collect the amount owing, in any court of competent jurisdiction. The owner of the lot or lots subject co the charge shall, in addition to the amount of the charge at the time legal action is instituted, be obliged to pay any expense or costs, including attorneys fees, incurred by the Association in collecting the same. The owners of lots 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50, 51, 52, 53, 54, 55, 56 and 57, and any person who may acquire any interest in such lots, 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 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 subparagraph of the Restrictions. D. 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, in particular, for the improvement and maintenance of the properties owned, operated or maintained by the Association. All lots in this subdivision are reserved for residential use, and no building other than a one family residence or structure or facility accessory in use thereto shall be erected thereon. Not more than one building shall be erected or used for residential purposes on any lot in this subdivision. The grcund floor area of thc nai&i structure, exclusive of one-story open porches and garages, shall be not less than eighteen hundred (1800) square feet in the case of a one- story structure, nor less than eleven hundred (1100) 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 twenty two hundred (2200) square feet of finished and liveable floor area. All garages shall be attached to the residence dwelling and be a minimum of two car size. No trailer, tent, shack, attached shed, basement, garage, barn or ocher outbuilding or temporary structure shall be used for temporary or permanent residence on any lot in this subdivision. An attached garage, tool shed or detached storage building erected or used as an accessory to a residence in this subdivision shall be of a permanent type of construction and conform to the general architecture and appearance of such residence. No fence shall be erected in this subdivision between the building lines and the property lines of the streets as shown on the within plat, except with approval of the Lumber Mart, Inc. , which fences shall not exceed 42 inches in height and shall be of a decorative nature. No building, structure or accessory building shall be erected closer to the side of any lot than 10 feet, however, any proposed construction closer than 15 feet to the side of any lot must be approved by Lumber Mart, Inc. Where buildings are erected on more than one single lot this restriction snail apply to the side lines of the extreme boundaries of the multiple lots. No structure in this subdivision, without special approval from Lumber Mart, Inc. shall exceed 2 1/2 stories- or 25 feet in height measured from finish grade to the under side of the eave line, and go structure other than an open porch shall be erected between the building line as designated on the plat and the property line of the street. No boat, trailer or camper of any kind (including but not in limitation thereof, house trailers, camping trailers ^_r boat trailers) , of any disabled vehicle shall be kept or parked upon any lot except within a garage or other approved structure. Lots 5, 6, 12, 13, 14, 15, 17, and 18 shall gain access from interior streets only. Drive- ways onto 131st Street will not be permitted, and the buildings on said lots shall face interior streets. • • • //).E ILUMBER /°'1_Milinc. 522 6. RANGELiNE RD. • CARMEL, IN 46032/PHONE 846-5866 No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications and plot plan showing the location of such building have been approved as to conformity and harmony of external design with existing structures herein and as to the building with respect to topography and harmony of external design with existing structures herein and as to the building with respect to topography and finished ground elevation, by Lumber Mart, Inc. owners of the herein described real estate, or by their duly authorized representatives. The standards established in these covenants are minimum standards only. In reviewing plans and specifications, Lumber Mart, Inc. may require that the minimum standards be exceeded in order to maintain conformity and harmony with existing structures. If the Lumber Mart Inc. fails to act upon any plans submitted to it for its approval within a period of fifteen (15) days from the submission date of the same the owner may proceed then with the building according to the plans as approved. Neither the Lumber Mart, Inc. nor the designated r.p+-ee.ntatives shah he .nritiad to any compensation for services performed pursuant to this covenant. In the event storm water drainage from any lot or lots flows across another lot, provision shall be made to permit such drainage to continue, without restriction or reduction, across the downstream lot and into the natural drainage channel or course, even though no specific drainage easement for such flow of water is provided on said plat. Sump Hump effluent lines shall be drained to storm sewer or drainage swale. No connections to sanitary sewer shall be permitted. No animals, livestock, or poultry of any description shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred, or maintained for commercial purposes. All garages opening to the street shall have automatic door controls. No lot in this subdivision shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, and such matter shall not be kept, except in sanitary containers. Trash shall not be burned, except in suitable incinerators. It shall be the duty of the owner of each lot in the subdivision to keep the grass on the lot properly cut and to keep the lot free from weeds and trash and otherwise neat and attractive in appearance. Should any owner fail to do so then Developer may take such action as it deems appropriate in order to make the lot neat and attractive and the owner shall upon demand reim- burse Developer for the expense incurred in so doing. The foregoing covenants, (or restrictions) are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 25 years from the date of this plat, at which time said covenants, (or restrictions) , shall be automatically extended for successive periods of ten (10) years unless changed by vote of a majority of the then owners of the buildings covered by these covenants, (or restrictions) , in whole or in part. Invalidation of any one of the foregoing covenants (or restrictions) , by judgment or court order shall in no wise affect any of the other covenants or restrictions, which shall remain in full force and effect. The right to enforce these provisions by injunction, together with the right to cause the removal, by due process of law, of any structure or part thereof erected, or maintained in violation hereof, is hereby dedicated to the public, and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns.