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HomeMy WebLinkAboutCovenants & Restrictions - Cool Creek Estates4. Instrument COVENANTS and RESTRICTIONS of COOL CREEK ESTATES 9709700317 as Amended with By -Laws of the Corporation DE SCRT PTYON FLAT BOOK# PAGE# COOL CREEK ESTATES -1ST SEC 3 10 COOL CREEK ESTATES-2ND SEC 3 13 COOL CREEK ESTATES-3RD SEC 3 21 COOT, CREEK ESTATES-4TH SEC 3 50 COOL CREEK ESTATES-STH SEC 3 57 COOL CREEK ESTATES-6TH SEC 3 73 COOL CREEK ESTATES-7TH SEC 3 77 COOL CREEK ESTATES -BTU SEC 3 117 COOL CREEK ESTATES-9TH SEC 3 141 COOL MEK ESTATE$-10TH SEC 3 142 COOL CREEK ESTATES-11TB. SEC 4 62-3 LOT # 1 36 36 - 65 66 89 90 - 100 101 - 119 120 - 129 130 - 157 158 - 186 187 - 202 203 - 211 212 - 218 The undersigned, owner of the above described real estate, hereby certify that he does lay off, plat and subdivide the same in accordance with this plat and certificate. This subdivision shall be known and designated as COOL CREEK ESTATES, FIRST through ELEVENTH SECTIONS, an addition to the Town of Carmel, Hamilton County, Indiana. The streets, if not heretofore designated, are hereby dedicated to the public. There are strips of ground 10 & 40 feet in width as shown on the plat and marked "Drainage and Utility Easements" which are hereby reserved for the use of public utilities, not including transportation companies, far the installation and maintenance of poles, mains, ducts, drains, lines and wires, subject at all times to the proper authorities and to the easements herein granted and reserved. No permanent structures are to be erected or maintained upon said utility easements. Owners of lots in this subdivision shall take title subject to the rights of the public utilities, said rights also including the right of ingress and egress, in, along, across, and through said utility easements, and to the rights of owners of the other lots in this addition. Building set -back lines are hereby established on this plat, between which lines and the property lines of the streets, shall be erected or maintained no building or structure. 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 the building committee. Where buildings are erected on more than one single lot this restriction shall apply to the side lines of the extreme boundaries of the multiple lots. 9709700317 Filed for Record in HAM I LTON COUNTY, I ND I ANA MARY L CLARK On 01-06-1997 At 10:30 am. DEC COV RE5 37. oO Page 1 of 9 - Covenants & By -Laws All lots in this subdivision shall be known and designated as residential lots. No structure, including aerial towers, shall be erected, altered, placed, or permitted to remain on any residential lot herein, other than one detached single-family dwelling not to exceed two and arse -half stories in height, and a private garage for not more than three cars in width which conforms to the remaining building codes and covenants and residential accessory buildings. (Paragraph additions, change 91, passed by 84.4% of eligible votes cast.) The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than twelve hundred (1200) square feet in the case of a one-story structure, nor less than nine hundred (900) 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 fifteen hundred (1500) square feet of finished and liveable floor area., No hotel building, boarding house, mercantile or factory building or buildings of any kind for commercial use shall be erected or maintained on any lot in this subdivision. No trailers, shacks or outhouses of any kind shall be erected or situated on any lot herein, except that for use by the builder during the construction of a proper structure. There shall be no boats, boat trailers, mobile homes or recreational vehicles permitted to be stored for more than three days in any 4 week period on property visible from the street. Boats, boat trailers, mobile homes, or RV's shall also not be permitted to be stored on the street. (Paragraph additions, change 02, passed by 68.8% of eligible votes cast.) No. farm animals, fowls, or domestic animals for commercial purposes shall be kept or permitted on any lot or lots in this subdivision, 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 annoyanoe or nuisance to the neighborhood, All homeowners shall maintain walks and shovel snow on said walks during the winter for purpose of public safety. (Paragraph additions, change #3, passed by 57.8 of eligible votes cast.) Garbage cans or lawn bags shall not be placed at curb more than one (1) day prior to pick up. Additionally, empty garbage cans should be picked up within 24 hours of the day of the pick up. (Paragraph additions, change #4, passed by 83.5% of eligible votes cast. Page 2 of 9 - Covenants & ley -Laws No fence shall be erected on or along any lot line, nor on any lot, the purpose or result of which will be to obstruct reasonable vision, light or air, and all fences shall be kept in good repair and erected reasonably so as to enclose the property and decorate the same without hindrance or obstruction to any other property, No fence shall be shall be erected between the front property lines and the building setback line other than a fence of a decorative nature not exceeding three (3) feet six (6) inches in height. No shrubbery or trees shall be left hanging over public walkways impeding safety of the pedestrians. The property owner shall trim and keep shrubbery and trees at a length which shall not cause irnjnry to persons using sidewalks. (Paragraph additions, change 45 passed by 93.6% of eligible votes cast.) No private, or semi -private water supply other than for lawn watering and external to the residential application, and/or sewage disposal systems may be located upon any lot in this subdivision, which is not in compliance with regulations or procedure as provided by the Indiana State Board of Health, or other civil authority having jurisdiction. No septic tank, absorption field, or any other method of sewage disposal shall be located or constructed on any lot or lots herein except as approved by said health authority. (Paragraph additions, change #6 passed by 92.6% of eligible votes cast.) 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 the conformity and harmony of external clesign with existing structures herein and as to the building with respect to topography and finished ground elevation, by a committee composed of the undersigned owners of the herein described real estate, or by their duly authorized representatives. In the event of the death or resignation of any member of said committee, the remaining member or members shall have full authority to approve or disapprove such design and location, or to designate a representative with like authority. If the committee 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 committee members nor the designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. If the parties hereto, or any of them, 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 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, and either to prevent him or them from doing so, or to recover damage or other dues for such violation. Page 3 of 9 - Covenants & By -Laws No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 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 25 feet from the intersection of said street 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 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 lines. These covenants are to run with the land, and shall be binding on all parties and all persons claiming under them until January 1, 2016, at which time said covenants shall be automatically extended for successive periods of ten (10) years, unless by a vote of the majority of the then owners of the lots in this subdivision, it is agreed to change said covenant in whole or in part. Invalidation of any of the foregoing covenants, provisions, restrictions or conditions by judgement or court order shall in no way effect any of the other provisions, which shall remain in full force and effect. In witness whereof, the owner of the above described real estate has hereunto caused his name to be subscribed. OWNER and SUBDIVIDER Sig=re_of Record gn File_ Joseph S. Dawson AFFIDAVIT OF AMENDMENTS 1, David Moore, do hereby certify: (1) That I am the duly elected President of the Cool Creels Civic Association acting on behalf of the owners of said real estate in the subdivision known as Cool Creek Estates. (2) That the foregoing changes to the Covenants of the Cool Creek Estates were duly adopted by the members of the Association by a majority vote. (3) I attest that the attached signed ballots are the official ballots of the Cool Creek Civic Association. David Moore County of Hamilton) State of Indiana } Before me, the undersigned, a Notary Public in and for said County and State personally appeared the above and acknowledged the execution of this instrument as his voluntary act and deed and affixed his signature thereto. Witness my signature and seal this day of u1Y 19_g7 C^, /mil My commission expires _- 1 _ _I ,8 My county of residence: i11' Page 4 of 9 - Covenants & By -Laws 0H COOL CREEK CIVIC ASSOCIATION of CARMEL, INDIANA BY-LAWS OF THE ASSOCIATION ARTICLE I, GENERAL SECTION I. NAME: The name of this corporation is Cool Creek Civic Association, Inc, SECTION EL PRINCIPLE OFFICE AND RESIDENT AGENT: The Post Office address of the Principle Office of the Corporation and the name and Post Office address of the Resident Agent shall be designated by the Board of Directors. The location of the Principle Office or the designation of the Resident Agent may be changed at any time, or from time to time, when authorized by the Board of Directors and by filing the appropriate forms with. the Secretary of State of Indiana. SECTION M. SEAL: The seal of the Corporation shall be circular in form and contain the name of the Corporation surrounding the word SEAL, SECTION IV, FISCAL YEAR: The fiscal year of the Corporation shall begirt on the first day of January_ ARTICLE T1, MEMBERSHIP SECTION I, All members shall have the same rights, limitations and restrictions, and no member shall have any preferences. Membership shall be mandatory and limited to those adults who are residents of the geographical area of Carmel, Indiana known as Cool Creek, bounded on the North by State Road 234, on the East by a stream known as Cool Creek, on the South by 126th Street, and on the West by Keystone Avenue. (Paragraph change to By -Laws passed by 68.8% of eligible votes cast.) SECTION H. No member shall be liable to the Corporation or for the debts of the Corporation except to the extent of any unpaid portion of his or her membership dues which have been legally charged. SECTION III. The amount of dues or membership fees for the members of the Association shall be recommended by the Board of Directors and shall be fixed on a yearly basis; and the actual amount of such yearly membership fees or dues shall be voted on at the Annual Meeting of the members of the Association. Page 5 of 9 - Covenants & By -Laws .A,RTICLE III, MEETINGS Or, MEMBERS OF THE ASSOCIATION SECTION L PLACE. Meetings of the members of the Association shall be held at such place within the County of Hamilton, and State of Indiana as may be qualified in the respective notices or waivers of notice thereof. SECTION II. ANNUAL MEETING: There will be an Annual Meeting of the members of the Association to be held in October of each year and at other times at the discretion of the Board of Directors, At the Annual Meeting, the members of the Association shall elect the Directors for the ensuing year and, at such meeting, all other proper business shall be transacted, SECTION M. SPECIAL MEETINGS: Special Meetings of the Association may be called by the Board of Directors, President, or by any ten (10) members of the Association, When special meetings shall have been called, the Secretary shall proceed to give notice of the same as hereinafter provided, SECTION IV. NOTICE OF MEETINGS: Notice of all regular and special meetings of the members of the ,Association shall be written or printed and shall state the place, day and hour of the meeting and, in the case of a special meeting, the purpose for which such meeting is called; and said notices shall be delivered or mailed by the Secretary or by the officer or person calling the meeting, to each member of record entitled by the .Articles of Incorporation to vote at such meeting, at such address as appears upon the records of the Corporation, at least ten (10) days before the date of the meeting, Notice of any meeting of members may be waived in writing filed with the Secretary, or by attendance in person, SECTION VY. VOTING AT MEMBERS MEETINGS: Every member shall have the right at even meeting to one vote for each membership standing in his name on the books of the Corporation. Each individual address or residence in the area defined shall be entitled to one membership, No member shall be entitled to vote whose dues or assessments are not paid at the tune of such -voting, A member may vote in person, or by proxy executed in writing, said proxy being delivered in person or delivered by mail to the Secretary of the Corporation. SECTION VII, ORDER: The order of business at meetings of the Association shall be in accordance with Robert's Rules of Order. SECTION VIIL QUORUM: One-third (1/3) of the members of the Association qualified by the Articles of Incorporation to vote as members who are represented in person or by proxy shall constitute a quorum. Wage 6 of 9 - Covenants & BywLaws ARTICLE IV, BOARD OF DIRECTORS SECTION I. ELECTION AND QUALIFICATION: Members of the Board of Directors shall be members of the Association and shall be elected at the first meeting called by the initial members of the Corporation and thereafter at the October Annual Meeting of the Association. .SECTTION IL NUMBER: The Board of Directors shall consist of nine (9) members. At the first Annual Meeting of this Association, five (5) members of the Board of Directors shall be elected to serve for a term of one (1) year, and four (4) shall be elected to serve for a term of two (2) years, Thereafter, the term of each Director shall be for a term of two (2) years or until his successor is elected and qualified. No Director shall be eligible for election to two successive terms. SECTION ICI. VACANCIES: Any vacancy occurring on the Board of Directors, however caused, shall be filled by a majority vote of the remaining members of the Board of Directors, and such Directors so elected shall serve until the next meeting of the members for the election of Directors. In the event of the resignation or death of all of the Directors at one time, a special meeting of the members shall be called to replace such Board of Directors. SECTION IV. MEEMG-S OF MEMBERS OF THE BOARD OF DIRECTORS: The Board of Directors shall meet at least once each six (6) months and at such other times, at their discretion, as they deem necessary; and the Annual Meeting required of the Board of Directors shall follow the Annual Meeting of the members. At the meeting of the Board of Directors following the October meeting of the members, the members of the Board of Directors elected at such meeting shall thereafter elect their officers and transact such other business as may be proper. No notice of meeting of the Board of Directors shall be necessary; and notice of all meetings of the Board of Directors may be given informally. SECTION V. 01JORUM: A majority of the actual number of Directors elected and qualified from time to time shall constitute a quorum for the transaction of business. SECTION VL POWER OF DIRECTORS: The Board of Directors shall exercise all the powers of the Corporation, subject to the restrictions imposed by law or by these By -Laws, Page 7 of 9 - Covenants & By -Laws ARTICLE V, OFFICERS SECTION L OFFICERS OF THE CORPORATION: The officers shall consist of a President, Vice -President, Secretary and a Treasurer, and such other officers as may be deemed necessary by the Board of Directors. Any two (2) or more offices may be hold by the same person, except the duties of President and Secretary. SECTION IL ELECTION AND TERM OF OFFICE: The officers shall be chosen or appointed annually by the Board of Directors, Each officer shall hold office until his successor is chosen and qualified, unless lie sooner resigns or dies. SECTION M. REMOVAL: Any officer may be removed, either with or without cause, at any time by the vote of the majority of the whole Board of Directors. SECTION IV. RESIGNATION: Any office may resign at any time by giving written notice to the Board of Directors or to the President or to the Secretary. Such resignation shall take effect at the time specified therein, and, unless otherwise specified, the acceptance of such resignation shall not be necessary to make it effective SECTION V. VACANCIES: Any vacancy in any office shall be filled for the unexpired portion of'the terns by the Board of Directors. SECTION VI. PRESIDENT: The President, who shall be chosen from among the Directors, shall have active executive management of the business of the Corporation, subject to the control of the Board of Directors. SECTION VII. VICE-PRESIDENT: If a Vice -President is appointed or elected at the discretion of the Board of Directors, he shall have powers and perform such duties as the Board of Directors may prescribe or as the President may delegate to him. In the absence of a President, or in the case of his inability to act, the Vice -President shall act temporarily in his place and, in the event of the death of the President, shall act until a President is selected. SECTION VM. SECRETARY: The Secretary shall keep, in books provided for the purpose, the minutes of the meetings of the members, and the Board of Directors, shall see that all notices are given, as required by these By -Laws and as required by law, The Secretary shalt be the custodian of the Seal of the Corporation and see that the sage is duly affixed where required, and, in general, shall perform all duties incident to the office of the Secretary and such other duties as may from time to time be assigned to him by the Board of Directors. Docume Prep ed by: Donald L, Elliott, Treasurer Cool Creek Civic Association Page 8 of 9 - Covenants & By -Laws AFFIDAVIT OF AMENDMENT I, David Moore, do hereby certify; (1) That I am the duly elected President of the Cool Creek Civic Association acting on behalf of the owners of said real estate in the subdivision known as Cool Creek Estates. (2) That the foregoing change to the By -Laves of the Cool Creek Civic Association were duly adopted by the members of the Association by a majority vote. (3)1 attest that the attached signed ballots are the official ballots of the Cool Creek Civic Association. County of Hamilton) State of Indiana } Before me, the undersigned, a Notary Public in and for said County and State personally appeared the above and acknowledged the execution of this instrument as his voluntary act and deed and affixed his signature thereto. Witness my signature and seal this day of U6.:Y 19 My commission expires ary Public My county of residence Oz.� j NOTARY PUBLIC, PKWNALfg IN BULL Page 9 of 9 - Covenants & By -Taws