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HomeMy WebLinkAbout17-96.2I i i r . FOSTER ESTATES SECTION 2- A REPLAT OF p• • ` LOTS 218 AND 219 IN FOSTER ESTATES SECTION 3 AND LOT 217 IN FOSTER ESTATES SECTION 2 HAMILTON COMITY, INDIANA DEED OF DEDICATION AND PROTECTIVE COVENANTS: The undersigned, QUADRANT DEVELOPMENT COMPANY, INC., by STEVE SCHUTZ, President, and C. WILLIAM WRIGHT, Secretary, being the owners of the within described real estate, do hereby ioy off, plat and subdivide the some into lots, public ways and easements in accordance with the within, plat, the within plat shall be known and designated as FOSTER ESTATES SECTION TWO —A, on addition in Cloy Township, Hamilton County, Indiana. STREETS: The streets, together with all existing and future planting, trees and shrubbery thereon, as shown on the within plat are hereby dedicated to the perpetual use of the public for proper purposes, reserving to the dedicators, their successors or assigns, the reversion or reversions thereon, whenever discontinued by law. Maintenance of the island area at the entrance shall be the responsibility of the Homeowners Association. BUILDING LOCATION: No building or structure shall be located on any lot nearer to the front lot line or nearer to the side street lot line (corner lots) than the minimum building setback lines as shown on the within plat. EASEMENTS: There are strips of ground as shown on the within plat marked D.U. do S.E. (Drainage, Utility and Sewer Easement) which are reserved for the use of public utility companies, including cable television companies, but not including transportation companies, for the installation and maintenance of mains, ducts, poles, lines, wires, sewers and drains, subject at all times to the proper authorities, and to the easements herein reserved. No permanent or other structures shall be erected or maintained on said strips except for fences, driveways and walkways. The owners of such lots in this addition, however, shall take their title subject to the rights of the public utilities and other owners of said lots in this addition to said easements herein granted for ingress and egress in, along and through the strips so reserved. LAND USE: All numbered lots in this addition shell be designated as residential lots. No building shall be erected, altered, placed,'or permitted to remain on any lot other than one detached single family dwelling. No hotel building, boarding house, mercantile or foctory builuing or buildings of uny kind for cornmerciai use shall be erected or maintained on any lot within this addition. TEMPORARY STRUCTURES: No trailer, tent, shack, basement, garage, barn or other outbuilding or temporary structure shall be used for temporary or permanent residential purposes on any lot in this addition. FLOOR AREA: No one —story dwelling shall be erected on any lot in this addition having a main floor area of less than 1900 square feet and no residence with more than one —story shall have a main floor area of less than 1300 square feet exclusive of open porches and garages. LAND USE: No building shall be erected placed or altered on any building plot in this addition 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 a committee ( "Architectural Control Committee ") composed of the undersigned owners of the within described real estate, or by their duly authorized representative. 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 some, 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. NUISANCES: No noxious or offensive trade shall be carried on upon any lot in this addition nor shall anything be done thereon which shall be or become a nuisance to the neighborhood. STORM WATER DRAINAGE: In the event storm water drainage from any lot or lots flow across another lot, provision shall be made to permit such drainage to continue without restriction or reduction (artificial and /or natural) 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 the within plat. the detention area maintenance shall be the responsibility of the Homeowners Association. FENCES: No fence shall be erected on or along any lot line, nor on any lot, the purpose of which will be to obstruct reasonable vision, light or air, and all fences shall be kept in good repair or erected reasonably so as to enclose the property and decorate the some without hindrance or obstruction to any other property. No fence 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 in height. No fences shall be erected in detention easements. THIS INSTRUMENT WAS PREPARED BY STEVE SCHUTZ, PRESIDENT QUADRANT DEVELOPMENT CO., INC. ANIMALS: No animals, livestock, or poultry of any kind 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 any commercial purposes. LIGHTS: It shall be the responsibility of the builder to erect and maintain a "dusk till dawn" type light in front of their respective front yards prior to or at the completion of that buRding site. SIDEWALK: A sidewalk no less than four (4) feet in width shall be required across that portion of a lot which is considered the frontage, installation and maintenance of said sidewalk shall be the responsibility of the individual lot owners. ENFORCEMENT: 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 addition 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 her or them from doing so, or to recover damage or other dues for such violation. ENFORCEMENT: 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. TERM: The within covenants, limitations, and restrictions are to run with the land and shall be binding on all parties claiming under them. These covenants shall be in full force and effect for a period of twenty —five (25) years from recording date, at which time said covenants shall be automatically extended for successive periods of ten (10) years unless by vote of the majority of then owners of the lots, it is agreed to change the covenants in whole or in port. Invalidation of any of the covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. In witness whereof, the undersigned, have hereunto caused its and their names to be subscribed this _ �2_— day of �1LlI� ,199k . Sate of Indiana ) SS: ) County of Hamilton Before me, a notary public in and for the county and state, personally appeared y and acknowledged the execution of the foregoing instrument as its voluntary act and deed and affixed his signature thereto. Iu Witness my signature and notarial seal this - - -S 10A -day of _✓ R� 199, Notary Publi ��rjsTE- County of Quadrant Development Company, Inc. By. Steve Utz, P esident, Quadrant Dev lopment Company, Inc. Stev Sch resident THIS PLAT WA IVEN APPROVAL BY ARD OF P;PC WORKS AN"AFETY OF THE CITY OF C MEL, INDIANA AT A MEETING HE N THE —a: —_ DAY OF i�4 A ` PLAN COMMISSION: UNDER AUTHORITY PROVIDED BY TITLE 36, ACTS OF 1981, P.L. 309 ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY OR SUPPLEMENTARY THERETO, AND AN ORDINANCE ADOPTED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THIS PLAT WAS GIVEN APPROVAL BY THE CITY OF CARMEL, AS FOLLOWS: ADOPTED BY THE CARMEL PLAN COMMISSION AT A MEETING HELD �e �_ 199L_. CARMEL PLAN COMMISSION El I T ✓0AleS TMENT MUNITY DEVELOPMENT SHEET 2 OF 2 CARM INDIANA JOB # 610.2 —A ,.