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HomeMy WebLinkAboutLake Forest Section Plat Covenants & Restrictions .... i LAKE FO tEST SECT1 11 MEDIANS AND ENIRYWALLS: There is a landscaped mediae located within the IL "ORBS? Including within the public right-of-on-of-onof the street. This landscaped median, LAKE SECTION! 1 Including the lights. shell be Amami.■aiataieed by Or Amami. are not the PLAT COVENANTS AND RUTRILTIONS responsibility of The City of Canal, Indiana There Aire entry... located at the entry of the Subdivision, along 116th Street and at strut comers. Theac entrywdb shell be Maintained by the Aa.eelulou nod an not the responsibility of The City of ' Cannel. Iodic. The uederdgoed, Thu C. P. Morgan Co.. Inc.. an Indiana corporation (the SITE LINES AT INTERSECTIONS: No fence, wall. hedge or ahrob planting which 'Developer'), being the owner of the.red described herein (the 'Real Estate') obstrocu site lines at elev...between Iwo a) .6sin (6) fees above the street then does hereby lay off. plat and sebdividk the Reel Fuse into las and streets as shown be placed or permitted to remain on any.career lot within the triangular are. formed on this plat fog Lake Foreel. frolic. I, as hereafter recorded in the office of the by the street property lines and a line connecting points twenty-five (25) feet from Recorder of Hamilton County. Indiana (the 'Plat'). The Developer desires to subject the intersection and said lines. or in the cue of• rounded property corner. from the the Real Estate to the provisions of these Pia Covenants and Restrictions. The intersection of the street lines extended. The sane site line limitations shall apply to subdivision crested by the Plat (the 'Subdivision') shall be known and designated as any lot within ten (10) feet from the intersection of• street line with the edge of a 'Lake Forest. Section I'. an addition in Hamilton County. Indians. In addition to the driveway pavement or alley line. No tree shall be permitted to remain within such coven.nts and restrictions hereinafter set forth, the Real Estate shell be subject to distances or nab intersection. unless the foliage line is maintained at sufficient certain addition.) covenant. and restrictions contained in the Declaration of height to prevent obstruction of such ate line. Covenants. Conditions and Restrictions of Lake Forest to he recorded by Developer in the office of the Recorder of Hamilloe County. Indiana. as the same may be amended RESIDENTIAL USES: All lots in the Subdivision shall be used solely for or supplemented from time to time as therein provided (the 'Declaration'), and to the residential purposes. No animas buildings Wall be erected on said lots, and no rights, powers, duties and obligations of Like Forest Homeowners' Asami•tion, Inc. busine.1 may be conducted on any pan thereof, other then the home occupations (the 'Association'), es set forth in the Declaration. If there ia any irreconcilable permitted in the Zoning Ordinance of The City of Cannel, Indiana. No accessory conflict between any of the covenants and restrictions contained herein and any of outbuilding, garage, tool shed. storage building or any other attached or detached the covenants and rntrictions contained in the Declaration, the conflicting building erected or used as en acccaanry building to • residence shall be erected covenant or restriction contained herein shall govem and control only to the extent without the prior approval of the Developer or the Association as the cue may be. of the irreconcilable conflict, it being the imam hereof that ell such covenants and Any such structure shall be of a permanent type of construction and shall conform restrictions shall be applicable to the Reel Butte to the greatest extent possible. to the general architecture and appearance of suck residence. No trailer. shack, tent, boat.{urge or other outbuilding may be seed at any time as a residence. In order to provide adequate protection to all present and future owners of loan in the temporary or permanent; nor may nay "incline of a temporary character be used as Subdivision, the following covenants and restrictions. io addition to those sot forth in a, residence. the Declaration, are hereby imposed upon and Well rue the Real Estate. DEVELOPER'S RIGHT TO PERFORM CERTAIN MAL TBdANCE, to the event that any DEDICATION OP STREETS: All right of ways for streets Worn an this plat and not Owner of a Lot shall fail to maintain his Lot and any improvements situated thereon heretofore dedicated. an hereby dedicated so the public. in accordance with the provisions of these Restrictions. Developer .hall have the DRAINAGE.UTILITY AND SEWER EASEMENTS: There am wrlpa of remit m Maw NI- to right. but not the obligation, by and through it. agents and employees or contractors.the walla plat marked D.U. & S.E. (drainage. utility and sewer easement) which am enter neon said Lot and repair, mow,clean,or perform such other acts u may be reserved for the nonexclusive use of public utility companies, including cable reasonablynecessarytomake ouch Lot and Improvement situated thereon, if any, conform to the requirements of these Rea ulevlaion companies, but not Including transportation companies, for the fictions. The coat thereof shall be en installation and maintenance of mains. duce. poles. liner, wires. sewers and drains, expense o!the lot owner and the Developer may sect collection of anon in any subject a II time. to the proper authorities• and to the uumems herein reserved. reasonable manner including placing • lien against said Reel F�ua for the cxpenan No permanent or other structures shall be erected or maintained on said strips veep thereof. Neither the Developer, nor any of a agents, employees, or contractors, for fences.patios. decks.driveway. Ad walkways. The owner.of such lots I. this shell be liable for any damage which may result from eny maintenanceperiod, wort Subdivision however, shall take their line .object to the nmeacluei re rights of the performed hereunder. Upon the completion of the development the public utilities and other owners their raid ban in this Subdivision nonce h said gtsmof Associahon shall succeed to the tight. of the Developer. herein {ranted for Ingress and egress in, •long and through the strips so reserved. MINIMUM RESIDENCE SIZE The minimum square footage of any residence DRAINAGE EASEMENTS: Then are auras f nu d on the marked'Dninap constructed within the Suldivltion exclusive of gorges, porch., patios, memory 0) Easements". The: Drainage Easements are hereby created and reserved: (i) for the use building t basements shall be not feu Jmm one thousand two hundred hundred of Developer during the 'Development Period' (a such term I. defined in the square feet o feet living area for ■ one-story t (onnemo or r r end six hundred (1,600)square feet of living arc• for a lams art) story residence. Each Declaration) for access to and inetxll pion, repair or removal or drainage system, either by surface drainage, or appropriate underground installations, for the Real Estate and adjoining propeny and Oil for the n exclusive u on of the Associati and residence Wall have an attached garage for none of Inc or more vehicles and a the Hamilton an County Drainage Dosed for access No and m repair and paved drive leading from the street to .act gage. replacement of such drainage system and Common Areas;; provided however. that the ANIMALS: No farm slims, fowls a Commie rmat. for commercial purposes owner of any lot irt the Subdivision subj to a Drainage Irvin .hell be required shall be kept or permitted on soy Ice or lots in the Subdivision. Non unlawful. to keep the portion of said Drainage Easement on his Ice free from obstructions so or otherwise offensive activity sM1dl be carried out on any lot in the Subd,viuon, n that the surface water drainage will be unimpeded. The delineation of the Drainage shall anything be done thereon which may be a may become en annoyance or or Easement areas on the plat shall not be deemed a limitation on the rights of any nuisance to the Subdivision, entity for whom ease any such easement is created and reserved to go on soy lot subject to such awment temporarily to the extent reasonably necessary for the VEHICLE PARKING:No camper, motor home, inoperative vehicle, truck, trailer, boat exercise of the tights granted to by this paasraph. No permanent or other c0e mutational vehicle of any kind be cored in open view on any lot in the . shell De erected or maintained on said drainagesamcnu except for Subdivision for mon than tweeq•foar boors. fences. patio.,decks,driveways and walkways. The owners of such loan in this Subdivision however, shell sake their title abject to the nonexclusive rights of the SIGNAG@ No site of any kind shall be displayed to the public view on any lot, Hamton County Drainage Bond and other owners of said lots in this addition to said ease that one sign of not more than desmay displayed • toy easements herein panted for ingress and egress in• along and through the stripe r p g (6)quart feet he dies 1•cal t time d, for the purpose of advsntsing the propeny for sale or rent, except Developer may • use larger signs during the sale and development of the Subdivision. ' LANDSCAPE GREEN BELT EASEMENT, There art area. of ground on the within plat WASTE DISPOSAL; Noilot shall be used or maintained u a dumping ground for trash marked Landscape Green Bch Essernent(LOBE). The LOBE to hereby created and Rubbish, g.rbage or other au shall be keg i maintained e. c Alt eq, leash meat reserved: (i) solely for the common visual and ct detkr enjoyment of the owners for .tonge or disposal of ouch materials shall be nkept hoot end shall not he stored no and no permanent or other structuresby shall be erected or aevelope on the LABE any lot in open public view. All rubbish, garbage a aka waste shall be regularly except fences and (ii) for the use by Developer during the Development Period. The moved from n lot and shall not be allowed to se<umuu th lsereon. LGBE and the Iandacaping installed therein shall be maintained by the Owner of each re lot. STORAGETANKS: Any au or oil notate tanks used is coonectim with a lot shall be COMAONAREA Then areo!ground on the pins marked 'Common Area' either buried or located In a gangs or base such that they am completely couealed (CA). The Common Arens an Thereby created and reserved: *owl public view. I. solely for the common visual and aesthetic allayment of the 'AGE DISPOSAL No privets a meal-private water mpply and/or sewage deposal m on Owner; with may be Totaled up any la Is the Sabdiviaioe which is not In compliance with regulation. or procedures as provided by the Indiana Sou Board of Health. o H. for the use by Developer during the Development Period for the other civil authority having jurisdiction. No septic tank. absorption field, or other installation of retention and detention ponds or lairs, entryway. end naturesimilarme hod of sewage diagonal .hell be beau.) or conswmed on any lot. parklands; LIOIffS: 'Doak to .)awe' type lights, either yard pot light. or camels page iii. for the use as retention and detention ponds .lakes. utywap and lights. shall be Installed on can let by the Developer (or at the option of the Developer - by the Builder with • light approved by the Developer) and such light nature parkland.; and shall be Installed prior to the final house inspection by the Carmel Department of iv. for the use of the Association of the mragemem and control of Community Development. The lights Mull be mMetaimed by the individual lot retention and detention ponds or lakes, entryways and nature parkland. and owun. the Installation, maintenance and repair of Improvements thereto. ANTENNAS: No antenna shall be allowed to uteod higher than five (5) feet above LIMITED COMMON AREA: There • s of ground on the plat marked the marline so The exterior of home In the 3ubdirislom. 'Limited Common Area' (LCA). The Limited Common Area appear upon the platted SATELLITE DISHES, No satellite dish. Mull be Inetalled or permitted in the cots ie the subdivision designed by block letter Wowing the quantity f acreage Subdivisioe except a spanwed by the Assoclalm or Developer u the case may be. contained therein d further identified es a I.de-loop' which t. created for 4hea aclus a ve use and enjoyment of those particular loan having public street sums therefrom.. Each such owner shall here an ell for Ingnu and .gnu In .sack AWNINGS AND PATIO COVERS: No metal, fiberslaa or similar type material ace Such cut-de-loop shall further have i mounded landscape island therein awning or patio coven shall be permitted In that Subdivision. adjacent to the public right•of-wry end such Limited Common Area, shall be nosed !ENCINO, No fence placed on a lot abutting an a designated on the plat ad and m co m ed by equal undivided interest a. tenants I. cIotaAna shall exceed four (a) feet In height n beyond a point fifteen (15) feet thereon rand using the cut-de-Imp a. a means of Ingres. andegres. to the public from the hoot constructed on such lot. right-of-way. Such maintenance a u and repair shall be ndenakes by a darrein•tioa , in writing of a majority of the lots owners having an undivided intereai is the All fencing shall be auhject to approval by the Developer until the end of the Limited Common Area, and upon the failure of any such lot owner to pay his equal Ikvelopment Period and thereafter by the Association'. Architectural Control contributive share upon shiny (30) days' written notice and such advancement shall Committee. All fencing that abate the area. dealguted Common Are•, an intctior constitute a lien upon the lot of the defaulting lot owner enforceable in the .ante street or another Lot droll he constructed of wood. and under the same terms as made and provided under the provision of the Mechanics Lien Laws of the Siam of Indian..Chapter 116 of the Acts of the 1909 Indians Oeneml Assembly amended to dote, I.C. 31-b-3.1 ni.aen. Any such lien shall be subordinate to the lien of any fill montage and any tint mongage taking tint to a tot by foreclosure or deed in lieu thereof shall take title free and clear of any auck m<ssmenu for work performed prior to such mong age's taking title. A. I RECDVED • ii * . HAT211 82i+ b1.ir19 1 H A 41ULT EN'1ZII1D POA TAXATION Subject t0(lad aassptanos for transfer • ICIA -� 13afaaa Omar . I Parcel) • , A All metal renting weed In the Subdivision, where permitted. must have a factory WU � NOR J an finish or either brown or black vinyl. No stockade (wowing of y type will be Aw ���� allowed. No fence dell be higher than ale (6) feet. No fencing shall extend forveard of the furthest barb corner of the residence. Pencint style and color shall be SCALE: I I. O, consistent with the Sabdi•lelon. SWIMMINOPOOLS: No above-ground swimming pools shall be permitted M the `• Subdivision. ' SOLAR HEAT PANELS: Ne solar hear'panelr shall be permitted cm roofs of any Oncturea In the.Suhdlvlsloor All such panels shall be enclosed within fenced arott SUBDIVIDER/OWNER: th and d.11 he conoeeled frome view of neighboring lots sod lbw street.. SOURCE OF TITLE: LOf ACCESS: All lot, shah be accessed (torn the interior street. of the Subdivision. C.P.M ORGAN CO, INC. DEED RECORD 130 1980 E. 116TH STREET ENFORCEMENT. Vtoluloa or no sound violation of hese co.enann and PAGE 437 „etrictione aqm be gnlghl. for an action by the Developer, A r alatioa, any par••• CARMEL, INDIANA 46032o JUNE 23, 1945 verily raving any right. the or interen in the Rea Estero (or any pen thereof), (317) 848-4040 and all person. or entitles elelnlng under them. .reins the p.raoa or entity violating or Mr-miming r.aening to violate any ouch coveocnte or renrictioo.. Available relief is say sunk aniw .ball include recovery It demote. or ahcr sums due for tech violation. interactive relief against soy such violation of threatened violative, declaatory relief. and the recovery coats and attorneys fees Incurred by any party ucceeefally •aforcieg thew covenant. and re sir fictions; provided. however, that neither the Developer nor the Areoclation that] be liable for damages of any tied le any penoa for faille. a enforee or carry out such covenants or reltrictloa.. LEGEND AMENDMPPNT: n.m covenants and restriction, may be amended el soy time by O - MONIJMENTATION IN STREETS Cho then owners of at I.u. two•thirds (2/3) of the lots in the Subdivitin Maich le Mw or hereafter made .abject to and annexed to the Declaration; provided. berme,. D.U.BS.E.-DRAINAGE,UTILITY 8 SEWER EASEMENT et until ell of the tan la suck Subdivision her been sold by Developer. any such eodment of them cov s .tan sod restrictions .hen require the prior wdedit..pprov.l of Developer. Emir tuck ernendmenr .hell be ovietoced by a writhe 8.1. — SUIIDINO UNE • , Instrument, aig.sd and echnowledgod by the lot owner or owner) concurriat therein. which in.tum.nt shall sot forth feels sufficient to Indic sir compile*. with 0 MONUMENT SET this paragraph and Mall be recorded In the office of the Record, of H u C amlltos Co aty, IN Indteoe. � ,DURATION: Theme eoveat and reetrlctoos (a. Inc saro' may be amended fro.. r III `r�'rW'v CONCRETE MONUMENTan to lime a. provided I. the foregolog paragraph shell or. will the land and shall be binding upon all persons or moll. intro time to time harlot any right. side or S.F. SQUARE FOOTAGE interen la the Rol Estate, or any pan thereof, and on all person. or entitle. claiming under thorn, until January I, 2001. at which limo said coreo ant, and - • restriction. shall be automatically emended for ,cces,ive periods of ten (10) years e each. unless prior to the commencement of any such extension period, by a vote of e • majority or the this owns of the lost to .0 Subdivisions wraith .re .ow a • Plan Commission' Under authority provided by Title 36, eta of hereafter .twee ,abject to and annexed to the Declaration• t la 'greed that seta 1981, P. L.}09 enacted b the General Auem noems tine restriction. ,hen terminate le their entirety; Drovided, horns, thw Indiana M a seta amendatory Or supple Tents nthth. o .termination of said covenants and resrictions Mall affect any aaarotot hereby ry created end reserved units. at pet... entitled to the beneficial um of such on ordi'nanee adopted by the common council oL the ky cerement .hall consent thereto. 4armel. Indiana, this plat was given approval by the sty of ; SEVFJIABILnY: Iovei nldselon of any of the foregoing e I and r.strictlo.a Carmel, as follow.: by Jueteeel or court order Mall In noway affect any of T other cone.. awl u rerino.la of MN plat, v.. Mal rche d. In full «.t forte and et. ,Ado. e• by the Carmel Plan Commission at a meeting held m IN WITNESS WHEREOF,Ihe undersigned Developer,aa the owner of stir Roo( E..M has ,19•9, hercunw torso He star . he subacribod MNZL day of�7d 1� MP9. ar J'V C(� •�) The C.P.Morgan Co.,Inc. By: f". _ ao Indiana co Do/atipo , •• lbw aaaathy '1 �1t Department Wesley G. (rear, Director (S0560 4.8rAC0 !y. William B. Blahs, Vile Presider Carmel, IndianaCamrrwnky Deveb Ntfp o o. STATE OF INDIANA ) • SS: COUNTY OP HAMILTON ) before axe a Notary NNW I. sad for the State of Indiva, prso.slly •pp.and • STAIR OF Wlllir E. Eleke,the Vie*Pemba.*of The C. P. Morgan Co..Ix,a. ladiaaa I corTaeotn, and aeksowlWsw ,he execution of this ln,trumeat ea hie volunteer ace FOR LAND DESCRIPTION �'DIAN' W d.N ea mach officer n hwsi(of such corporation for the use. sad rapaa. �(, ►.ra.bo.. .a fnnh. n� �y� SEE SHEET 3 OF 4 'M„�n+M'' Whams my signature and Maui. Sea this J� day f 19N.\ i �,�� _ �4fI.44-- 4444 ;J'• (ASSUMED BEARING) ( A d.CI*,4 r Notary!,•4Ile N 00'26'39. W ..• 1I DIMRD D. GIAco ern err 'S`ares .,' 70 tIJfD7 & •�18056Q Mr Coytteldenor lr. N 89457'23' E 267.72 Pb., Commlssive: Linder aotbotity provided by Title 36. Act of 1961.P.L. 309•.aaod ...y. by the General Assembly of the State of ladlsa, end ell act emendatory or su _pplom ca d eory thereto, e em ordlo o.saa adopted by tha tomat cow.* of lb. ,51— _ _ _CRy of Carmel. Indiana,this plat rM gives appear. by the City of Carnal, off folk./ 15 D•U•a3A. — — 4 Adoptw y IM Culoe(Nf Co..iean ro a ma.Hng held , 1919. WEST UNE W.1/2.S,E.1/4 c oweSECTION 33-1iSN-4E 3 lifr w I f Deportment of Ck..Ralty Dov.lep..at Gruel, ladhrl� . i • .W.CORNER Cn� 3�5�1/ SOUTH UNE W.1/2.S.E.1/4 L y SECTION 33-18N-4E This !mimetic.an Si. SI•.p red/ndiErnapoll Tuohy. •DONINOBR MBRNITZ LSOUTH, 50 BEGINNING POINT