SECTION III - RESTRICTIVE COVENANTS

Size: px

Start display at page:

Download "SECTION III - RESTRICTIVE COVENANTS"

Bethany Snow
5 years ago
Views:

1 , dated August 26, 1986 and recorded September 2, 1986 as Document No : Lots 1-117, SECTION III - RESTRICTIVE COVENANTS The covenants and restrictions contained in this instrument shall run with the land and shall be binding on all parties and all persons claiming under them until December 3l, 2005, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the owners of the lots in said sub-division has been recorded, agreeing to change said covenants in whole or in part. It is expressly provided that Prairie Lane West Corporation, its successor, or assigns, shall have the exclusive right for a period of five (5) years from the date of recording of this Flat to amend any or all of the restrictions or covenants- herein contained. Such amendment shall be evidenced by the recording of a written amendment signed and recorded in the office of the Recorder of St. Joseph County and shall become effective upon such recording. This shall include the right to waive any part of the restrictions or conditions-as to any particular lot. PART A - CONSTRUCTION OF HOUSE 1. LOTS RESTRICTED TO PRIVATE RESIDENTIAL USE All lots in said subdivision are restricted to private residences and shall not be improved, use or occupied for other than private one family residence purposes, except that if a person(s) owns more than one lot in said sub-division, nothing contained herein shall require that person(s) to place a residence on the second or other lot. The requirement that each lot be used solely for residential purposes shall not apply during the time that the lot is being used by Prairie Lane West Corporation or another homebuilder in the promotion, development or improvement of said subdivisions, during which time the lot may be used as an office or model for sales and promotional purposes. 2. SETBACKS. No building shall be erected nearer than the recorded building setback lines to the front lot line nor nearer the side line than is allowed by St. Joseph County restrictions on the side lot line. These line restrictions also apply to the garage. If this owner of one lot, however, shall purchase-a second lot, and the second lot purchased adjoins the first, he may construct a dwelling house on both said lots, and the restrictions herein set out shall govern the said lots as a unit, and he may not thereinafter sell any part of said tract. 3. COMPLETION or DWELLINGS. Construction of a dwelling shall be by recognized contractor(s) or by the lot owner(s). The construction of any dwelling shall be completed within one (l) year after construction is commenced unless a variance from this building requirement shall have been approved in writing by the Architectural Control Committee. 4. MINIMUM SQUARE FOOTAGES. The floor area of the main structure of a dwelling exclusive of garages and open porches shall not be less than: Page 1 of 6

2 a. 1,400 square feet, if a single story building, nor less than b. 1,500 square feet if a Tri-level building, nor less than c. 1,800 square feet if a Two story building. 5. MATERIALS. All buildings shall be constructed of new material only. Structures with cement block exteriors, including structures with cement block foundations above grade, shall be prohibited unless expressly approved in writing by the Architectural Control Committee. Roll roofing is expressly prohibited. All septic tanks and plumbing dry wells shall conform to the St. Joseph County building regulations. 6. GARAGES. Each dwelling house shall be connected to a garage of sufficient size to house two automobiles. PART B - CONSTRUCTION OUTSIDE OF DWELLING 7. FINISHED GRADE AND GRASS. All lots shall have finished grading and seed or sod in front of the building within six (6) month period of occupancy of said initial residence. 8. DRIVEWAYS. No stone or cinder driveways shall be permitted. All driveways are to be a minimum of sixteen (16) feet wide and must be constructed of asphalt or concrete. If constructed of asphalt, the depth of the asphalt shall be at least three (3) inches thick. If constructed of concrete, the driveway shall be at least four (4) inches thick. Circular drive in front of homes, if any, may be a minimum of nine (9) feet wide. 9. FENCES. Fences not exceeding six (6) feet in height may be constructed provided they do not extend forward on said lot beyond the front foundation lines of the constructed main dwelling; but this is not to be construed to prohibit the planting or maintenance of hedges, shrubbery or trees. 10. SWALES AND DITCHES. Roadside standard ditches, or swales, whether adjacent to roads or along or near property lines for drainage purposes shall be constructed in accordance with St Joseph County specifications adopted by the County Commissioners July 17, 1967, and any amendments thereto, and such ditches or swales shall not be filled in. Where required by the County Highway Department culverts shall be installed and maintained and kept clear by the homeowner so as to allow the free flow of surface water. 11. DETACHED BUILDINGS: The construction and placement of any detached storage structures to be used for the storage of lawn tools, toys, swimming pool apparatus, or any other personal property must be of quality construction and must be of quality construction and must be maintained in attractive and neat appearance and blend with the established home. No storage shed shall be erected on any lot in this subdivision with an outside square foot area bf more than one-hundred (100) square feet and any such storage shed erected shall be erected on the rear one- Page 2 of 6

3 half of any said lot and match the decor of the present house. Any dog house or other pet structure must have one wall within ten (10) feet of the rear wall of the dwelling. The Architectural Control Committee shall have the authority to require protective screening around any detached building. 12. COMPLETION OF OTHER BUILDINGS Any structure other than a dwelling which is started on any lot shall be completed within six (6) months from the time said construction is started. 13. POST LIGHTS. Approved individual post lights with automatic timer must be installed by each property owner who has a dwelling erected on his or her lot. 14. SIGNS. No billboard or advertising sign shall be erected or maintained anywhere upon said property or in the window or doors of the building; except one sign of not more than five square feet advertising the property for sale or rent; and except signs used by a builder to advertise the property during the construction and sales period; and except such signs as may be placed temporarily on said property by the Prairie Lane West Corporation Office for the purpose of promoting the sale of lots or homes in said sub-division. 15. SWIMMING POOLS. Swimming pool plans must be approved by the Architectural Control Committee and must have appropriate fencing. No above ground pools shall be permitted. 16. SATELLITE DISHES AND SIGNAL TOWERS. Each lot owner may have on his property no more than one (1) satellite dish for electronic signal reception. No satellite dish may be placed in either the front or the side yards of the lot. All satellite dishes and all television and or CS tower antennas must be approved by the Architectural Control Committee. PART C - PROHIBITIONS ON CERTAIN STRUCTURES AND ACTIVITIES 17. MOBILE STRUCTURES. No structure shall be moved onto any lot. No mobile nor modular homes shall be permitted. 18. TEMPORARY STRUCTURE. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding, shall be used on any lot at any time as a residence, temporarily or permanently. This, however; shall not be construed to prohibit the erection of a temporary field office by the developers. 19. VEHICLE STORAGE. No house trailers, trucks larger than three quarter (3/4) ton, or other offensive objects shall be parked or located either temporarily or permanently on any of the involved lots at any time; provided, however, that boats may be located on the rear of any lot during the boating season. No recreational vehicles, (camper, trailers, trucks or boats) may be kept in open areas. No vehicles, boats, or structures of any type or nature, movable or immovable, may be parked on the street in the subdivision for a period longer than seven (7) consecutive days. Page 3 of 6

4 20. OFFENSIVE ACTIVITY. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 21. WASTE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 22. MISCELLANEOUS PROHIBITIONS. No ashes, weeds, nuisance or unsightly objects shall be permitted or suffered to remain on said premises nor shall the premises be used in any way, or' for any purposes, that may endanger the health or unreasonably disrupt the quiet of any holder or adjoining land. No live poultry, hogs, or cattle shall be housed on or about 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. PART D ARCHITECTURAL CONTROL COMMITTEE 23. STRUCTURE AND POWERS OF ARCHITECTURAL CONTROL COMMITTEE. The Architectural Control Committee shall consist of three (3) persons nominated by Prairie Lane West Corporation. The Prairie Lane Architectural Control Committee shall have the authority and power to act as the representative of the owners of lots in these subdivisions and to enforce the covenants and restrictions herein by due process of law, which authority and power shall not exist to the exclusion of the authority and power vested in said owners. 24. APPROVAL BY ARCHITECTURAL CONTROL COMMITTEE. No building shall be erected, placed or altered on any plat in this sub-division until the building plans (including floor plans, external design, location with respect to lot lines, topography and finished grade elevations), specifications, and plat plan showing the location of such building 1 have been approved in writing by the Architectural Control Committee. In the event said foregoing persons or their designated representative fail to approve or disapprove such design or location within Thirty (30) days after said plans and specifications have been submitted to them and if no suit to enjoin the erection of such building or the making of- such alterations has been commenced prior to the completion thereof, such approval will not be required and this Covenant will be deemed fully complied with. 25. LIABILITY OF DEVELOPER AND COMMITTEE MEMBERS: Neither Prairie Lane West Corporation, nor any member of the Architectural Control Committee nor any of their respective heirs, personal representatives, successors or assigns shall be liable to anyone submitting plans for approval by reason of mistakes in judgment, negligence or non-feasance arising out of or in connection with the approval or disapproval or failure to approve any plans. Any person or entity who submits plans to the Committee agrees, by the submission of such Page 4 of 6

5 plans, that he or it will not bring any action or suit against the Prairie Lane West Corporation nor any member of the Architectural Control Committee. 26. COMMITTEE VACANCIES. In the event there is any vacancy created in the Architectural Control Committee, the Prairie Lane West Corporation shall have the right to appoint another person to fill said vacancy. 27. ARCHITECTURAL CONTROL COMMITTEE: UPON COMPLETION OF DEVELOPMENT.- After Prairie Lane West has been developed (as determined by the Prairie Lane West Corporation) the Architectural Control Committee shall consist of three (3) persons elected by a majority of homeowners in Prairie Lane West. Any vacancy on the Architectural Control Committee thereafter shall be filled by an election of the majority of homeowners in Prairie Lane West. PART B - ENFORCEMENT OF RESTRICTIONS 28. ENFORCEMENT 6F RESTRICTIONS. The restrictions, rights, reservations, limitations, agreements, covenants and conditions may be enforced by the Owner, or owners of any lot or lots, in said sub-division, any one or more of whom, his or their legal representatives, successors, or assigns, shall have the right to sue for and obtain an injunction,. prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions, rights, reservations, limitations, agreements; covenants and conditions above set forth in sub-division to the ordinary legal action for damages; and. the failure of any owner or owners, of any lot or lots, in said sub-division to enforce any of the said restrictions, rights, reservations, limitations, agreements, covenants, and conditions herein set forth, at the time of the violation, shall in event be a waiver of the right to do so thereafter. 29. SURVIVAL OF PROVISIONS. The invalidation of any of the covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions, and in such event the remaining restrictions shall continue in full force and effect. PART F - HOMEOWNERS ASSOCIATION 30. CREATION OF HOMEOWNER ASSOCIATION. There is hereby created the Prairie Lane Estates Homeowner's Association (hereinafter referred to as "The Association") which association may be incorporated or unincorporated as its members see fit. Each owner of a lot in Prairie Lane West Subdivision shall be a member of The Association and shall be entitled to cast one vote at all meetings, for each lot that is owned. The purpose of The Association is to manage and to support financially all park areas and all purposes as the membership deems necessary. The Association shall conduct a meeting at least once each year to organize itself and to elect its officers. The Association shall adopt By-Laws for its government and may levy and collect dues. The Association shall have the authority to impose and collect annual assessments for the maintenance and improvement of park areas or other "common areas". Those assessments shall be levied equally on each lot in all sections of the recorded plat of Prairie Lane Estates. Failure to pay said assessments or annual dues shall be a violation of these covenants and Page 5 of 6

6 restrictions. Any such assessments or annual dues shall be billed by the Association to the owner of each lot during the month of January of each year and shall be due and payable within thirty (30) days. No such assessments or annual dues shall be levied against any lot while the same remains in the ownership of Prairie Lane West Corporation. All lots in this sub-division, other than lots owned by Prairie Lane West Corporation, its successors or assigns, shall from and after the recording of these restrictions, be subject to said annual dues and assessments. Said dues and assessments shall be a lien in favor of The Association (whether incorporated or unincorporated) upon the lot against which it is charged until paid, provided, however, that no lien shall accrue or be charged against any lot owned by Prairie Lane West Corporation, its successor or assigns. Provided further, that any person purchasing or dealing with said lot may rely upon a certificate signed by the President or Secretary of The Association showing the amount of said dues and assessments which are due and unpaid as of the date of such certificate. The above and foregoing Restrictive Covenants shall apply to the Lots in Prairie Lane West, Section III and shall be effective from the date of recording, all of which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have executed and delivered this document this 26 th day of August, PRAIRIE LANE WEST CORPORATION, an Indiana Corporation Joseph R. Goossens Arthur D. Moser Wayne R. Birkey Date Date Date Page 6 of 6

PROTECTIVE RESTRICTIONS, COVENANTS, LIMITATIONS AND EASEMENTS. For. PRAIRIE LANE ESTATES and PRAIRIE LANE WEST: ALL Lots In St. Joseph County, Indiana

PROTECTIVE RESTRICTIONS, COVENANTS, LIMITATIONS AND EASEMENTS For PRAIRIE LANE ESTATES and PRAIRIE LANE WEST: ALL Lots In St. Joseph County, Indiana 1. PURPOSE AND POWER OF THIS DOCUMENT. All the Lots