Crestwood Lake Association Covenants and Restrictions
AGREEMENT WITH RESPECT TO COVENANTS
AND RESTRICTIONS ON LAND
THIS AGREEMENT, made this 30 day of April, 1975 by and between HERSCHEL CONNER and VIOLET E. CONNER, husband and wife, of Blackford County, Indiana, hereinafter called “Conner”, and WAYNE O. SCRBROUGH and IDA SCARBROUGH, husband and wife, of Blackford County, Indiana, hereinafter called “Scarbrough”,
WITNESSETH:
WHEREAS Conner owns the following described real estate in Blackford County, State of Indiana; to-wit:
A part of the East half of the Southeast quarter of Section30, Township 23 North, Range 10 East and a part of the West half of the Southwest quarter of Section 29, Township 23 North, Range 10 East bounded and described as follows:
Beginning at a point on the north line of the East half of the Southeast quarter of Section 30, Township 23 North, Range 10 East, said point being 1274.68 feet east of the Northwest corner of the said East half and also being the point of intersection of the said north line and the center line of the public road known as the Angling Pike, thence running southwesterly on and along the center line of the Angling Pike and on a curve of 333.19 feet radius and a central angle of 19 degrees 3 minutes 22 seconds a distance of 110.82 feet. thence running southwesterly on and along the center line of the Angling Pike and South 49 degrees 40 minutes 36 seconds West a distance of 61.9 feet to the northeast corner of Shamrock Lakes, Fifth Section, thence running South 38 degrees 23 minutes 17 seconds East and on and along the northeast line of the said Fifth Section a distance of 804.51 feet to the north line of Sunset Drive as platted in Shamrock Lakes, Fifth Section, thence running northerly and easterly on and along the north line of said Sunset Drive as said Sunset Drive exists along the north side of Shamrock Lakes. Third Section, (the same being 40 feet in width and the south line thereof being the north lines o Lots numbered 41, 42, 43, 44, 45, 46, 47 and 48 in Shamrock Lakes, Third section a distance of 817.77 feet to the southwest corner of a tract of land conveyed to Kenneth Kravis and Marjorie E. Kravis, husband and wife, by deed recorded in Deed Record 54 at page 526 in the office of the Recorder of Blackford County, Indiana, thence running North 36 degrees 4 minutes 46 seconds East a distance of 48.8 feet, thence running South
73 degrees 57 minutes 48 seconds East a distance of 37.4 feet, thence running South 50 degrees 59 minutes 52 seconds East a distance of 18.5 feet, thence running South 44 degrees 37 minutes 26 seconds East a distance of 17.5 feet, thence running South 27 degrees 57 minutes, 21 seconds East a distance of 23.7 feet, thence running South 38 degrees 50 minutes 22 seconds West a distance of 28.3 feet to the north line of the said Sunset Drive, thence running South 88 degrees 29 minutes 19 seconds East and parallel to the north line of the West half of the Southwest quarter of said Section 29 a distance of 158.5 feet to a point on the east line of the said West half of the Southwest quarter, said line being marked by a wire fence and said point being 834.9 feet south of the Northeast corner of the said West half of the Southwest quarter, thence running north on and along the said east line a distance of 834.9 feet to the Northeast corner of the said West half of the Southwest quarter of said Section 29, thence running west on and along the north line of the said West half of the Southwest quarter a distance of 1305.65 feet to the Northwest corner of the said West half of the Southwest quarter, thence running west on and along the north line of the East half of the Southeast quarter of Section 30 a distance of 48.04 feet to the center line of the Angling Pike and the place of beginning and containing 21.12 acres, more or less .
ALSO a part of the West half of the Northwest quarter of Section 29, Township 23 North, Range 10 East bounded and described as follows:
Beginning at the Southwest corner of the West half of the Northwest quarter of Section 29, Township 23 North, Range 10 East and running thence north on and along the west line of the said West half a distance of 325.61 feet, thence running easterly at an interior angle of 88 degrees 22 minutes 58 seconds with the last described line a distance of 1315.38 feet to the east line of the said West half, thence running south on and along the said east line a distance of 328.06 feet to the southeast corner of the said West half, thence running west on and along the south line of the said West half a distance of 1305.65 feet to the place of beginning and containing 9.80 acres, more or less.
And containing in both tracts 30.92, acres, more or less.
and
WHEREAS Conner proposes to subdivide said real estate into a subdivision to be known as “The Crestwood Addition” to Shamrock Lakes, and
WHEREAS before said subdivision can be completed it is necessary to obtain certain engineering services and certain approval from county boards, and
WHEREAS Scarbrough has contracted to purchase from Conner a portion of the real estate above described, and
WHEREAS the parties hereto desire to be bound by covenants, restrictions and stipulations for their protection and for the protection of each and every landowner who may hereafter acquire title to any portion of the real estate heretofore described, and
WHEREAS the parties hereto desire to bind themselves to the restriction and covenants hereinafter contained and to bind any real estate which is a part of the real estate above described which may be hereafter sold to any other party, now therefore,
BE IT AGREED AS FOLLOWS:
1. That each owner or purchaser of land in said tract or subdivision hereby nominates and constitutes Herschel Conner Jr. his, her or their attorney in fact to execute on his, her or their behalf, any and all documents necessary to plat said subdivision and to record all necessary document to perfect the plat of said subdivision and to bind all owners to comply with the restrictions and covenants set forth hereinafter in this document.
2. That each and every lot sold out of the above described real estate shall be used for residential purposes only. No lot or any house thereon shall in any way be used for commercial purpose nor shall any business or profession be conducted thereon.
3. No buildings other than a dwelling house or dwelling house with attached garage shall be located or built on any building lot within said real estate.
4. All dwelling houses constructed on or upon said real estate shall have a minimum ground floor residential area of 1,500 square feet, exclusive of garages and open porches. Each dwelling house constructed must have an attached garage with a minimum floor area of 200 square feet and a maximum floor area of 800 square feet.
5. No dwelling house shall be erected or located an any portion of the real estate owned by the owner so as to extend closer to the proposed streets than 50 feet nor to extend closer to the back lot line of said real estate sold than 30 feet. No part of such dwelling house shall be erected or located on any lot so as to extend closer to a side lot line than five feet.
6. No fence shall be erected or placed closer than 50 feet to the street line. All hedges along boundary lines closer than 50 feet to the street line shall not exceed 36 inches in height. No fence over four feet in height shall be placed within 15 feet of any lot line. No fence other than a chain link fence shall be erected or placed within 15 feet of any lot line without the approval of the architectural committee.
7. All building plans shall be submitted to an architectural committee consisting of Herschel Conner, Jr., Violet Conner and one other person who resides in the subdivision or Shamrock Lakes, appointed by Herschel and Violet Conner and the same must be approved by such committee before construction is begun. If the committee fails to approve or disapprove any plan within ten days after submission, such plan shall be deemed approved. Approval shall not be unreasonably withheld and in event of disapproval the committee shall specify in writing what changes will be required to gain approval.
8. All materials used in the construction of any dwelling house shall be new materials except that used brick may be used as a siding material; provided, however, that nothing herein contained shall prevent the architectural committee from waiving this requirement if they deem it in the best interests of the owners of lots in the subdivision.
9. All dwelling houses shall have brick or stone veneer to the window line unless the architectural committee shall waive this requirement. No dwelling house on which the siding is not complete shall be used as a place of residence.
10. No animals, livestock or poultry other than ordinary household pets shall be kept by any landowner on any lot. No dogs, cats or birds shall be kept, bred or raised on a lot for the purpose of sale.
11. Any incinerator placed or built on any lot outside the home thereon shall be of brick or stone construction.
12. All garbage, trash, refuse or junk shall be kept in closed containers in an area not visible from any street.
13. No house trailer, travel trailer or mobile home shall be used or stored on any lot unless the same is kept in the garage upon the premises.
14. Each home shall be equipped with a garbage disposal in proper working order attached to the kitchen sink.
15. All sanitary facilities must me connected to the nearest sanitary sewer by the lot owner. Until such sanitary sewers are constructed and connected to a disposal plant, all sanitary facilities must be connected to a jet aeration sewage disposal system such as is manufactured by Hartford Concrete Products and provides for the chlorination of all waste water and is approved by the State Board of Health.
16. Each lot owner shall keep all weeds and grass mowed upon his, her or their lot so that the height of the grass or weeds shall never exceed eight inches.
17. No sign of any kind shall be displayed to the public view on any lot in the addition except one sign not more than five square feet advertising the property for sale or for rent and except signs used by a builder to advertise the property during construction and sale period.
18. All water supply systems shall comply with requirements of the Indiana State Board of Health and any well drilled on any property in the premises shall be at least four inches in diameter.
19. No person shall erect or put in place any pier extending more than 15 feet in length in the lake in the subdivision. No motors shall be used on any boat on said lake except electric trolling motors which emit no noise.
20. Easements five feet in width along the back and sides of each lot sold out of said real estate are reserved, and they shall be used for the location, construction, operation, maintenance and repair of storm water and sanitary sewers, drains and pipes, surface drainage swales, pipe lines, poles, wires and conduits and such other attachments and equipment as may be necessary for the transmission of gas ,water, electricity, sewage, storm water and telephone utilities above or below the grade of the surface, which easements and rights of way are reserved for and may be used by the undersigned their heirs or assigns and by any public utility engaged in providing, furnishing or supplying any one or more of the utilities listed above.
21. Title to the real estate encompassing the lake in said subdivision shall be conveyed to a not for profit corporation named “ Crestwood subdivision Incorporated” and said lake and the dam containing it shall be maintained by said corporation. Any owner of real estate within the tract above described shall be a member of the not for profit corporation and shall be subject to the provisions of the Articles of Incorporation of such not for profit corporation and the Bylaws thereof.
22. The aforesaid covenants and restrictions numbered 1 through 21 both inclusive shall run with the land and shall be binding upon the undersigned owners and all persons claiming under them for a period of 25 years from the date that these covenants and restrictions are recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of 10 years unless a written instrument signed and acknowledged by a majority of the then owners of lots in the Crestwood Subdivision has been recorded agreeing to change or to termination of said covenants and restrictions in whole or in part. Right to enforce said covenants and restrictions by injunction is hereby dedicated and reserved to the undersigned as owners of the several lots in the subdivision and to all persons claiming title to said lots under them who shall each be entitled to relief without showing any damage of any kind to any such owner or owners by way or through any such violation or attempted violation. In the event any such action for injunctions successfully concluded and judgment obtained, the plaintiffs shall be entitled to recover reasonable attorney fees as a part of the judgment from the defendants.
IN-WITNESS WHEREOF the parties have hereunto set their hands and seals this 30 th day of April, 1975.
Shamrock Lake Association Covenants and Restrictions
Periwinkle Lake Covenants and Restrictions
TBD
Town of Shamrock Lakes 