HomeMy WebLinkAbout23-96.5OWNER /SUBDMDER
C. P. MORGAN COMMUNITIES L.P.
S DE VILLAGE BY. C. P. MORGAN INVESTMENT CO., INC., GENERAL PARTNER
PARK 1 BY: CHRISTIE L KALLIO, VICE PRESIDENT
301 EAST CARMEL DRIVE SUITE E -300
CARMEL, INDIANA 46032
(317) &48 -4040
SECTION 2
SECONDARY PLAT
PART OF THE S.E1/4 SECTION 25- T18N -R3E
PLAT, COVENANTS, CONDITIONS AND RESTRICTIONS
The undersigned, C.P. Morgan Communities L.P., by C.P. Morgan Investment Co., Inc., General Partner, by Christie L. Kallio, Vice President as
Owner of the within described real estate, do hereby lay off, plat and subdivide the same into lots and streets in accordance with the within plat,
the within plat shall be known and designated as Parkside Village, a subdivision in Hamilton County, Indiana.
Public Streets:
The streets and public rights —of —way shown hereon, subject to construction standards and acceptance, are hereby dedicated to the public use,
to be owned and maintained by the governmental body having jurisdiction.
Residential Uses:
All lots in this subdivision shall be used solely for residential purposes. No business buildings shall be erected on said lots, and no business may
be conducted on any part hereof other than the home occupations permitted in the Zoning Ordinance of Carmel and Clay Township, Indiana.
Building Location:
No building or structure shall be located on any lot nearer to the front lot line or hearer to the side street lot line (corner lots) than the
minimum building setback lines as shown on the within plat.
Drainage, Utility and Sewer Easements:
There are strips of ground as shown on the within plat marked "DU &SE" (drainage utility and sewer easement) which are reserved for the
nonexclusive 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 drainage, 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, patios, decks, driveways and
walkways. The owners of such lots in this addition, however, shall take their title subject to the nonexclusive 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.
Drainage Easements:
There are areas of ground on the plat marked "drainage easements ". The drainage easements are hereby created and reserved: (1) for the use
of Developer during the 'development period ", as such term is defined in the declaration of covenants, conditions and restrictions, for access to
and installation, repair or removal of a drainage system, either by surface drainage or appropriate underground installations for the real estate
and adjoining property and (II) for the nonexclusive use of the Association (as defined in the declaration. The Department of Public Works or
any other applicable governmental authority for access to and maintenance, repair and replacement of such drainage system and common areas;
provided, however, the owner of any lot in the subdivision subject to a drainage easement shall be required to keep the portion of said drainage
easement on his lot free from obstructions so that the surface water drainage will be unimpeded. The delineation of the drainage easement
areas on the plat shall not be deemed a limitation on the right of any entity for whose use any such easement is created and reserved to go
on any lot subject to such easement temporarily to the extent reasonably necessary for the exercise of the rights granted to by this paragraph.
No permanent or other structures shall be erected or maintained on said drainage easements except for fences, patios, decks, driveways and
walkways. The owners of such lots in this subdivision, however, shall take their title subject to the nonexclusive rights of the Department of
Public Works 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.
Developer's Right to Perform Certain Maintenance:
In the event that any owner of a lot shall fail to maintain his lot and any improvements situated thereon in accordance with these restrictions,
Developer shall have the right, but not obligation, by and through its agents and employees or contractors, to enter upon said lot and repair,
mow, clean or perform such other acts as may be reasonably necessary to make such lot and improvement situated thereon, if any, conform to
the requirements of these restrictions. The cost thereof shall be an expense of the lot owners and the Developer may seek collection of costs
in any reasonable manner including placing a lien against said real estate for the expense thereof. Neither the Developer, nor any of its agents,
employees or contractors shall be liable for any damage which may result from any maintenance work performed hereunder. Upon completion of
the development period, the Association shall succeed to the rights of the Developer.
Common Area:
There are areas of ground on the plat marked 'Common Area*. The common areas are hereby created and reserved:
I. For the common visual and aesthetic enjoyment of the owners; and
II. For the use by the Developer during the development period for the installation of
retention and detention ponds or lakes, entryways, trails, playgrounds, community
gardens and nature parklands; and
III. For the use as retention and detention ponds or lakes, entryways, trails, playgrounds,
community gardens and nature parklands; and
IV. For the ownership and use of the Association for the management and control of
retention and detention ponds or lakes, entryways, trails, playgrounds, community
gardens and nature parklands, and the installation, maintenance and repair of
improvements thereto.
Sight Distance at Intersections:
No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three (3) and twelve (12) feet above the street shall be
placed or permitted to remain on any comer lot within the triangular area formed by the street property lines, and a line connecting points forty
(40) feet from the intersection of said street lines or in the case of a rounded property corner, from the intersection of the street right —of —way
lines extended. The some sight line limitations shall apply to any lot within ten (10) feet of the intersections of a street right —of —way line with
the edge of the driveway pavement or alley line. No tree shall be permitted to remain within such distances of such intersection unless the
foliage is maintained at sufficient height to prevent obstruction of the sight line.
Driveways:
All driveways will be paved by the builder at the time of the original construction. Maintenance of the driveways thereafter, including resurfacing
or repaving, shall conform with and be uniform to the surface provided at the time of original construction.
Sidewalks:
Each residence constructed on a lot shall have a continuous sidewalk from the driveway to the front porch.
Signs:
No sign of any kind shall be displayed to the public view on any lot, except that one sign of not more than six (6) square feet may be
displayed at any time for the purpose of advertising the property for sale or rent, except the Developer may use larger signs during the sale and
development of this subdivision.
Mailboxes:
The mailboxes initially installed by the Developer include a newspaper holder/box. No additional newspaper boxes or attachments may be added
to the mailbox structure.
Animals:
No farm animals, fouls 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 annoyance or nuisance to the neighborhood.
Motor Vehicles and Trailers: All motor vehicles belonging to members of a household shall have permanent parking spaces in garages or driveways
and no disabled vehicle shall be openly stored on any residential lot. Only passenger cars, station wagons or small trucks (pickups, vans of a
size not larger than may be parked within the garage) shall be regularly parking on or adjacent to a lot. Also, no boat, trailer, camper or
motor home of any kind (including, but not in limitation thereof, house trailers, camper trailers or boat trailers) shall be kept or parked upon
said lot except within a garage or other approved structure.
Trash and Waste:
No lot shall be used or maintained as a dumping ground for trash, rubbish, garbage or other waste. All trash, rubbish, garbage or other waste
shall be kept in sanitary containers. All equipment for storage or disposal of such materials shall be kept clean and shall not be stored on any
lot in open public view. All trash, rubbish, garbage or other waste shall be regularly removed from a lot and shall not be allowed to accumulate
thereon.
J:\t054\DWGS\02\iO5402PL Tue Apr 16 11: 39: 22 1996
Storage Tanks:
Any gas or oil storage tanks used in connection with a lot shall be either buried or located in a
garage or house such that they are completely concealed from public view.
Water and Sewage:
No private or semi — private water supply and /or sewage disposal system (septic tanks, absorption fields or any other method of sewage
disposal) shall be located or constructed on any lot or lots in the subdivision.
Antennas:
No antenna in this subdivision shall exceed five (5) feet above a roof peak.
Satellite Dishes:
No satellite dishes shall be installed or permitted in this subdivision except those with a diameter of twenty —four (24) inches or less.
Gutters and Downspouts:
All gutters and downspouts in this subdivision shall be painted or of a colored material other than gray galvanized.
Awnings:
No metal, fiberglass or similar type material awnings or patio covers shall be permitted in this subdivision.
Swimming Pools:
No above ground swimming pools shall be permitted in this subdivision.
Solar Heat Panels:
No solar heat panels shall be permitted on roofs of any structures in this subdivision.
and shall be concealed from the view of neighboring lots and the streets.
All such panels will be enclosed within fenced areas
Storage Sheds and Mini — Barns:
No detached storage sheds or mini —barns shall be installed or permitted in this subdivision.
Modular Homes:
Modular homes shall not be permitted in this subdivision.
Street Access:
All lots shall be accessed from the interior streets of this subdivision. There shall be no direct driveway access to Third Avenue Southwest
and 126th Street.
Drainage Swales:
Drainage swales (ditches) along dedicated roadways and within the right —of —way or on dedicated easements, are not to be altered, dug
out, filled in, tiled or otherwise changed without the written permission of the Department of Public Works. Property owners must maintain
these swales as sodded grassways or other non — eroding surfaces. Driveways may be constructed over these swales or ditches only when
appropriate sized culverts or other approved structures have been permitted by the Department of Public Works. Culverts must be
protected especially at the ends by head walls or metal end sections, and, if damaged enough to retard the water flow, must be replaced.
Any property owner altering, changing or damaging these drainage swales or ditches will be held responsible for such action and will be
given ten (10) days notice by registered mail, after which time, if no action is taken, the Department of Public Works may cause said
repairs to be; accomplished and the bill for said repairs will be sent to the affected property owner for immediate payment.
Fencing:
No fence shall be higher than six (6) feet. No fencing shall extend forward at a point which is five (5) feet behind the furthest back front -
comer of the residence. All fencing shall be constructed of wood or vinyl. No fences, except those fences installed initially by the Developer,
shall be erected.without the prior written consent of the Development Control Committee.
Lct; adjoining 126ih Street (lots 1, 59 and 86 through 99) shall have restrictive fencing requirements to maintain a consistent appearance to
the streetscope. All fencing installed parallel to 126th Street shall be six feet tall shadowbox made of unpainted wood. Fencing shall be placed
away from the property line. Landscape materials installed by the developer shall not be fenced into the property.
Enforcement:
Violation or threatened violation of these covenants and restrictions shall be grounds for an action by the Developer, Association, any person or
entity have any right, title or interest in the real estate (or any part thereof) and all persons or entities claiming under them against the person
or entity violating or threatening to violate any such covenants or restrictions. Available relief in any such action shall include recovery of
damages or other sums due for such violation, injunctive relief against any such violation or threatened violation, declaratory relief and the
recovery costs and attorneys' fees incurred by any party successfully enforcing these covenants and restrictions, provided, however, that neither
the Developer nor the Association shall be liable for damages or any kind to any person for failing to enforce or carry out such covenants and
restrictions.
The Carmel Plan Commission, its successors and assigns, shall not have right, power or authority to enforce any covenants, commitments,
restrictions or other limitations contained in this plat other than those covenants, commitments, restrictions or limitations that expressly run in
favor of the Carmel Plan Commission; provided further that nothing herein shall be constructed to prevent the Carmel Plan Commission from
enforcing any provisions of the Subdivision Control Ordinance, as amended, or any conditions attached to approval of this plat by the Carmel City
Council.
Term:
The j
The within covenants, limitations and restrictions are to run with the land and shall be binding on all parties claiming under them.
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 period of ten (10) years unless by vote of the majority of the then owners of the lots, it is agreed to
change the covenants in whole or in part. Invalidation of any of the covenants by judgment of court order shall in no way affect any of the
other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, C.P. Morgan Communities L.P., by C.P. Morgan Investment Co., Inc., General Partner, by Christie L. Kallio, Vice President,
have hereunto caused its and their names to be subscribed this day of
The C.P. Morgan Investment Co., Inc., General Partner
Christie L. Kallio, Vice President
STATE OF INDIANA )
SS:
COUNTY OF )
Before me, the undersigned, a Notary Public in and for said County and State, personally appeared C.P. Morgan Communities L.P., by C.P. Morgan
Investment Co., Inc., General Partner, by Christie L. Kallio, Vice President, and acknowledged the execution of the foregoing instrument as its
voluntary act and deed and affixed their signature thereto.
Witness my signature and Notarial Seal this _ day of
NOTARY PUBLIC:
My Commission Expires:
My County of Residence:
This Instrument prepared by C.P. Morgan Communities L.P., by C.P. Morgan Investment Co., Inc., General Partner, by Christie L. Kallio, Vice
President. SHEET 3 OF 3
JOB J 1054.02
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