Loading...
HomeMy WebLinkAbout32-96.9I , , RFr cc!ivFr) 400S OCr 8 1 95 WILLIAMSON�'"'� hJtHFiv L. �,l ARrz SECTION 9 .�.e. 9 — AT THE LAKES OF WWAMSON RUN SECONDARY PLAT DEED OF DEDICATION AND PROTECTIVE COVENANTS AND RESTRK11oNS The undersigned, C. P. Morgan Communities .(the 'Develope), SITE I NES AT NiERSECTOIS: No fence, wall, hedge or shrub LIGHTS: 'Dusk to dam' type lights slid be installed an each lot by BUtABIUTif: bnvafidotim of any of the foregoing eoverhants and Deng the owner of the red estate descritim rein ( the 'Red planting which obstructs site lines at alevations between two (2) and the Developer (err at the option of the Developer by the Builder with s*ictions by judgement or oouhrt order shall in uo way affect any of Estate) does hereby lay off plat and the Red Estate into sic (6) feet above the street shall be placed or permitted to reran a fight approved by the Developer) and such fight shad be installed Or other covenants and restrictions of this plat, which shop remain lots and streets as shown an this plat for liamson Run. Section 9, on any comer lot within the triangular arso farmed by the street prior to the final house inspection by the Camel Department of WM force and affect at The Lakes of Williamson Run as hereafter in the office of property fines and a line connecting points twenty —five (25) feet from CortnMrwty Development The fights shad be mointoned by the the Recorder of Hamilton County, Indwna (th 'Plat'). The Developer the intersection and add Ines, or n the case of a rounded property individual lot owners. 9i6TNESS WHEREOF, the undersigned Developer as the ow ter of the de *es to subject the Red Estate to the s of these Plat comer, from Me intersection of the street Ines extanded. The some flu E#ate, has hereunto caused its name to be subscribed this Covenants and Restrictions. The subdviaion created by the Plat ( hie site Ire limitations shall apply to any lot within ten (10) feet from ANTENNAS: No antamas shat be eland to extend higher than five _ day of 995. 'Subdiivision� shad be known and designated as'The Lakes of Vie intersection of a street fine with the edge of a driveway (5) fat above the roof fine an the exterior of homes in the Williamson Run, Section 9', an addition in Hamilton County, badano. pavement or alley line. No tree shat be permitted to remain within Subdivision. C. P. Morgan investment Co., Inc. in addition to the covenants and restrictions 1 hereinafter set forth, such distances or such intersections prevent obstruction of such site General Partner the Red Estate shad be subject to certain additional eovennants and fine. SAMIM DISHES: No satellite dishes shall be installed or permitted restrictions contained in the Declaration of Covenants, C Ations and In the Subdivision except as approved by the Association or Developer Restrictions of WRiomson Run I to be recorded by Developer in the RESIDENTIAL USES: All lots in the Subdivision Ad be used solely for as the case may be. By. office of the Recorder of Hamilton County, k4ano, as the some may residential purposes. No business buildings shat be erected an odd Mark W. Boyce be amended or supplemented from time to time as therein provided Ids, and no business may be conducted an any part thereof, other AWNINGS AND PATIO COVERS: No metal, fiberglass or similar type WE OF INDIANA ) (the ' Dedaration'), and to Vie rights, powers, duties and athNgotioaa than the borne occupations permitted In tie Zoning Ordnance of The material ownngs or patio covers shhall be permitted in the Subdivision. ) SS of Wiliansan Run Homeowners Association, Inc. (the wA ssocidian'; qty of Carmel. badano. No accessory outbuilding. goroge, tool shed, EKTY OF HAMILTON ) as set forth in the Declaration. N there is any irreconciable eonk'mct storage building or any other attached or detached building erected FENCING: No fence placed an a Lot abutting an area designated on between any of the covenants and restrictions contained herein end or used as an accessory buHng to a residanee shat be erected the plat as Common Area shat exceed three (3) feet in height Before me, a Notary Public in and for the State of lodioa. any of the covenants and restrictions contained in the Declaration, without the prior approval of the Developer or the Avocation as the beyond a point fifteen (15) fat from the house constructed an such pearEdy appeared Mark W. Boyce, the Vice President of C. P. the conflicting covenant or restriction contained herein shall govern case may be. Any such structure shat be of a permanent type of lot igan Cormxsnfties L.P. C.P. Morgan Invatment Co., Inc. and and control orgy to the extent of the irreconcilable eonkict, it berg construction and shat conform to the general architecture and I wledged the execution of this instrument as his voluntary act the intent hereof that cep such covenants and ro;Victicins shat be appearance of such residence. No trailer, shock, tent, boat. garage All " shat be subject to approval by the Developer until the ddad as such officer an behalf of such owpwatim for the uses applicable to the Red Estate to the greatest extent posabk. or other outbuidng may be used at any time as a residence, and of the Development Period and thereafter by the Association's of purposes hereihabove set forth. temporarry or permanent; roar may any structure of a temporary Architectural Control Committee. All fencing that obutts the areas In order to provide adequate protection to all present and future dierocter be used as a residence. designated Common Area, an interior street or another Lot slid be these my igiature and Notarial Sod the day of owners of lots in the Subdivision, the following covenants and constructed of wood 1995 restrictions, in addition to those set forth in tine Declaration, are DEVE MER'S RIGHT TO PERFORM CERTAIN MAINTENANCE: In the hereby imposed upon and shat run the Red Estate. event tat any Owner of a Lot shat fall to maintain This Lot and any All metal ferwig used n the Subdivision, where permitted, must have ( Public improvements situated thereon n ocoor mce with the provisions of a factory knish of either brown or block vinyl. No fence shall be #Cammission Expires: DEDICATION OF STREETS: AN right of ways streets shown on this these IDatretions, Developer shat have tine right, but not the highher than six (6) feet No fencig shall extend forward of the plat and not heretofore dedicated, we hereby dedicated to the pubic. obligation, by and through its agents and employees or contractors, furthest lack come of the residence. Fencing style and color shall / 0 - 7 - 9 7 ;1 to enter upon said Lot and repair, mow, clean. or perform such other be consistent with the Subdnisia►. %County of Residence is: DRAINAGE AND UTILITY EASEMENTS: There are areas of ground an acts as may be reasonably necessary to make such Lot and /Tjp the plat marked 'Drainage Easernents' and Wily Easoments', either improvement situated thereon, N any, conform to the requirements of SOW POOLS: No above ground swni nng pods shop be a' ♦Of ��! separately or in combination. The Utility Easernants are hereby these Rastrictiorm The cost thereof shat be an expense of the lot permitted In the Subdivision. created and reserved for the use of all public utility coomhparhies (not artier and the Developer may weak collection of costs in any ilk Cornmissim Under authority provided by Tltle 36. Ands of including transportation eomparres), governmental aganccies and the reasonable ahariner bhekrdng placing a fim against said Real Estate SOLAR HEAT PANELS: No solar had ponds shat be permitted on U. P.L. 309 emhocted by the General Assembly of the State of Association, for access to and installation, nhwihternarhoe, repair or for the expense thereof. Neither tw Developer. nor any of its roots of any structures in the Snbdvision. All such panels shall be Knox, and all acts mandatory or supplementary tw ato, and on removal of polo, mans, ducts, dross, lee% wiles, cables end other agerhts, anrpbywes, er contractors, shall be Noble for any damage ondoeed within fencad :roes and shall be conceded from the view of sieance adopted by the common cour d of the City of Carmel, equipment and facilities for the fumishing of utility services, ix:k A ng which malt result from any manterance work perfomhed hereunder. neigihboring iota and the streets. lirho, this plot was given approval by the City of Comm, as cable television services. The Drainage Easomenta we hereby or+he= , SA w the completim of to development period, the Association slid" tplsse and reserved: (i) for the use of Developer during the 'Deveiopmait succeed to the rights of the Developer. LOT ACCESS: Ali lots shat be oceessed from the interior streets of Period' (as such term is defined in the Declaration) for 000as to the Subdivision. by the Plan C Mi"on at a meeting held and installation, repair or removal of a drainage system, either by MINIMUM RESDIENCE SiZE: The minimum square Wage of any / 1 surface droihoge or appropriate underground nstaiatian, for the ked residence constructed within the Shbdvisilm exclusive of garages, ENFORCEMENT Violation or threatened violation of these covenants Estate and adjoining property and (i) for the use of the Association porches. patios, accessory buildings or basements and be not less and restrictions Ad be grounds for an action by the Developer, low/ocy Plan Corm.ssiorh and the Hamilton County Drainage Board for access to and than one thassohd right hurhdred (1,1100) square fat of living area Association, My or entity (having any right, title or interest n maintenance, provided, however, that the owner of any lot n the for a are —story residence or two thousand two hundred (2,200) the Red Estate or any part thereof), or any person or entity having Subdivision subject to a Drainage Easement slid be required to keep square feet of ftvng area for a two (or more) story residence. Each any right, title or interest in a lot in any SubdMsion which is now or the portion of said Drainage Easement an his lot free from residence what hove an attached garage for storage of two or more hereafter mode subject to and a wined to the Declaration, and all Director obstructions so that the surface water drainage will be unimpeded vehicles and a paved drive leading from the street to such garage. persons or entities claimig under them, against the person or entity Department of Community Development The delineation of the Drainage Easement and Utility Easement arcs viobtirg or threatenig to violate any such covenants or restrictions. Carmel, khdo o an the plat shall not be deemed a imitation an the rights of any ANNALS: No farm animal, fowls or domestic animals for comnherclal Available relief in any such action shall include recovery of damages entity for whose use any such easement is created and reserved to purposes shall be kept or permitted on any lot or lots in the or other aims due for such violation, n jrnctive relief against any go on any lot subject to such eosament tamporwily to the extent Subdivision. No noxious, unlawful, or otherwise offensive activity shat such violation or threatened violation, declaratory relief, and the reasonably necessary for the exercise of the rights granted to it by be carried ant on any lot in the subd'ivaio i; nor shag anything be recovery coats and attorneys fees incurred by any ply suxcesshilly M paragraph. No permanent structures slid be erected or done thereon which nay be or may became an annoyance or enfahclrhg these covenants and restrictions; provided, however, tat maintained upon said easements. The owners of lots in the uhuisahoe to the Subdivision. rev$ r the Developer nor the Association shall be liable for damages Subdivision shop take and hold title to the lots subject to the of any kind to any person for failing to enforce or carry out such Drainage Easements and Utility Easements herein created and VD1CLE PARKING: No camper, motor hone, inoperative vehicle, in covenants or restrictims. reserved. open view an any lot in the Subdivision for more than twenty four hours. AMENDMENT: These covenants and restrictions may be unaided at COMMON AREA: There are areas of ground on the plot marked any time by the then owners of at least two — thirds (2/3) of the lots 'Common Area' (CA). The Comnnon Areas are hereby created W SIG NAGS. No align of any kind did be displayed to the public view in all Subdivisions which are now or hereafter mode subject to and reserved: on any lot, ecept that are air of not more than six (6) square annexed to the Declaration; VvAde4 however, that until all of the feet may be deployed at any time for the purpose of advertising the lots in such Subdivisions have been add by Developer, any such L solely for the common visual and aesthetic enjoyment of property for oak or rent, except Developer may use larger signs amendment of these covenants and restrictions shall require the prior the Owners; during the oak and development of the Subdvisio n. written approval of Developer. Each such amendment shall be ii. for the use by Developer during the Development Period evidenced by a written instrument sig lied and acknowledged by the for the installation of retention and detention ponds or WASTE 019MAL: No lot shad be used or maintained as a dumping lot owner or owners concurring therein, which instrument shat set lakes; ground for troeh. Rubbish. garbage or other waste shad be kept in forth fats sufficient to indicate compliance with this paragraph and iii. for the use as retention and detention ponds or takes; sanitary containers. AN equipment for storage or disposal of such ohd be recorded in the office of the Records of Hampton County, and, materials shat be kept dean and shat not be stored on any lot in hhdm a for the use of the Association of the management and open public view. AN rubbish, garbage or other waste and be control of retention and detention ponds or takes and tie regularly removed from a lot and shag not be lowed to accumulate DtIRA710N: These covenants and restrictions (as the some may be installation, maintenance and repair of improvements thereon. ornanded from time to time as provided in the foregoing paragraph thereto. shall run with the land and shill be bndrhg upon all persons or STORAGE TANKS. Any gas or oll storage tarns used in connection entities from time to time having any right title or interest in the MEDIANS AND ENTRYWALLS: there are landscaped medians beaten with a tot shag be either buried or located in a garage or house Red Estate, or any pars thereof, and on all persons or entities throughout the Subdivision within the public right —of —way of the such that they are completely concealed from public view. dai nig under them, until 2001, at which tine said covenants and street These landscaped medians, including the gate house, shdbe restrictions shholl be outomaticdy extended for successive periods of mointaineE; by the Association and are not the responsibility of Th, SEWAGE DISPOSAL- rvo p ivate or semi — private water supply and /or ton (10) years each, unless prior to the commencement of any such City of Camel, Indiana. There are entrywds located at the entryof sewage disposal system may be located upon any lot in the extension period, by a vote of a majority of the then owners of the the Subdivision, along 106th Street. These entrywdls shag be Subdivision which is not in compliance with regulations or procedures lots in all Subdivisions which are now or hereafter mode subject to maintained by the Association and are not the responsibility of Th as provided by the badono State Board of Health, or other civil and mrhezed to the Declaration, it is agreed that said covenants and City of Carmel, ihdima. authority havig jurisdiction. No septic tank aheorptan fhel4 or restrictions and terminate in their entirety, provided, however, that other similar method of sewage disposal shall be located or no termination of said covenants and restrictions shall affect any constructed on any lot. eosement hereby created and reserved unless all persons entitled to the beneficial use of such ease exit shall consent thereto. This instrument was prepared by Brian J. Tuohy, STARK DOMNGER MERNITZ it SMITH, 50 S, M ridhon St. Ste. 700, Indarhapok lidiam 46204. SHEET 3 OF 3 JOB / 617 a 0 +w 04 % v. 8* E E E xn xn a a 0