HomeMy WebLinkAboutWoodgate Sec 2 Covenants & RestrictionsWOODGATE - SECTION TWO COVENANTS AND RESTRICTIONS f
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The undersigned, Langston Construction Company by Robert C. Langston, owners of the real�rlestate shown a `
described herein, does hereby certify that he has laid off, platted and subdivided and s hereb
off, plat and subdivide, said real estate in accordance with the within plat. The followin s,
limitations and covenants are hereby imposed upon and shall run with' °the land contained in such
This subdivision shall be known and designated as WOODGATE SECTION TWO subdivision in Hamilton County,
Indiana. All streets shown and not heretofore dedicated are hereby dedicated to the public.
Front and side yard building setback lines are hereby established as shown on this plat, between which
lines and the property lines of the street, there shall be erected or• maintained no building or structure.
There are strips of ground as shown on this plat and marked Drainage and Utility Easement, reserved for
the use of public utilitieg 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 other
structures are to be erected or maintained upon said strips of land, but owners of lots in this
subdivision shall take their titles subject to the rights of public utilities.
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 ground floor area of the main strupture, exclusive of one -story open porches and garages, shall not be
less than Twenty -Two Hundred (2200) 'square feet in the case of a one story structure, nor less than
Fourteen Hundred (1400) square feet in the case of a multiple stogy structure, provided no structure of
more than one story shall have less than an aggregate of Twenty -Fpur Hundred (2400) square feet of
finished and livable 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 other 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 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 line of the
streets as shown on the within plat, except with the approval of the Developer, 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 ten
(10) feet, however, any proposed construction closer than fifteen (15) feet to the side of any lot must be
approved by the Developer. 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.
No structure in this subdivision, without special approval from the Developer shall exceed two and one -
half (2 1/2) stories or Twenty -five (25) feet in height measured from finished grade to the underside of
the eave line, and no 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, or boat trailers ), or any disabled vehicle shall be kept or parked on any lot except within a
garage or other approved structure.
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 design with existing structures herein and as to the building
with respect to topography and finished ground elevation, by Developer, owner of the herein described real
estate, or by their duly authorized representatives. If the Developer 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 Developer
nor the designated representatives shall be entitled to any compensation for services performed pursuant
to this covenant.
In the event storm water drainage from any lot 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.
Outlets for sump pump water will be provided for each lot in this subdivision by the developer or home
builder at the time of lot development. If during excavation of the foundation for crawl space or basement
,ground water is encountered, or if the house location is in an area of high water table ( as per Hamilton
County Surveyor or City of Carmel ), an outlet will be provided directly to a storm sewer or approved open
ditch with plastic pipe. The route of outlet will be via platted easements and approved by proper
agencies. Where a storm sewer exists on or directly adjacent to a subject lot, all sump pumps shall tie
directly to storm sewer via underground pipe. Lots not located in an area of high water table may outlet
sump pump water in the rear yard, no closer than 25 feet from established lot lines or platted easements.
Construction of any sump pump outlet -.will commence only when
submitted and approved by the proper agencies and applicable
authority. Where construction will be in established drainage
obtained from City of Carmel or Hamilton County Surveyor. The m,
for discharging sump pumps shall be the responsibility of the
association.
Geo- thermal heat pumps shall be of the closed loop type only.
appropriate construction plans have been
permits issued from the local building
and /or utility easements, approval must be
3intenance of drainage pipes and facilities
individual homeowner and /or a homeowner's
No noxious, unlawful, or other 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 annoyance or nuisance to the neighborhood.
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 lot owners will be required to install or have installed , at least one gas or electric "dusk to
dawn" yard light in the front yard. All garages opening to the street shall 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 shall not be kept, except in sanitary containers. Trash shall not be burned, except in
suitable incinerators.
Lot owners, upon taking title, agree to waive all rights to oppose future zoning changes and special
permits necessary to complete the Master Plans of WOODGATE.
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 the Developer may take such action as it deems appropriate in order to make the
lot neat and attractive and the owner shall upon demand reimburse 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 Twenty -five (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 judgement or court order shall iii no way affect any of the other covenants or
restrictions, which shall remain in full force and effect.
The right to enforce these provisions by injuction, 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.
No owner of any lot shown herein shall have the right to remonstrate against annexation of that lot to the
City of Carmel.
OWNER and SUBDIVIDER
Langston Construction Company
by
obert C. Langston
State of Indiana ) ss: Al _
County of Hamilton )
Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared
Langston Construction Company by Robert C. Langston who acknowledged the execution of the foregoing
instrument as their voluntary act and deed, for the purposes therein expressed.
Witness my hand and Notarial Seal this c�J day of 1986.
Notary Public .,�t���r'ez`�
My Commission Expires County of Residence `r�sl�jt
UNDER AUTHORITY PROVIDED BY CHAPTER 178, ACTS OF 1979, ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
INDIANA, AND ALL ACTS AMENDATORY THERETO, AND AN ORDINANCE ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
CARMEL, INDIANA, THIS PI.,AT WAS GIVEN APPROVAL BY THE CITY OF CARMEL AS FOLLOWS:
Adopted by the Carmel City Plan Commission at a meeting
held
%I 4 1986.
_V= VWTAXATION
CARMEL CITY PLAN COMMISSION
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/-President � / Secretary T,
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BOARD OF PUBLIC WORKS AND SAFETY `ERTIFICATE
THIS PLAT WAS GIVEN APPROVAL BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY,DF CARMEL, INDIANA AT
A MEETING HELD ON THE N DAY OF tL ;,,1986.
Jane A. Reiman - Mayor Clerk - Tr'rasurer
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