Restrictions

RESTRICTIONS AND PROTECTIVE COVENANTS

FOR

LEWIS AND CLARK SUBDIVISION

J & J Development, LLC, being sole owner of the lots in Lewis & Clark Subdivision, as the same appears of record in the office of the Recorder of Clark County Indiana, does hereby impose the following Restrictions and Protective Covenants upon each lot within the Plat of Lewis & Clark Subdivision, for the mutual benefits of all persons, firms, and corporations who may now or hereafter have any vested interest, legal or equitable, in any lot within such development.

  1. Primary Use Restrictions

    No lot shall be used except for private single-family residential purposes. No structure shall be erected, placed or altered or permitted to remain on any lot (including any domestic servants living on the premises), not to exceed two and one­ half (2 ½) stories in height and containing a private garage attached for the sole use of the owner and occupants of the lot. This provision does not prohibit the building of a storage building on a lot, however, such a structure shall be approved by the developer or the assigns, must be placed on a concrete pad and have an acceptable exterior which shall not be metal.

  2. Approval of Construction and Landscape Plans

    No structure may be erected, placed, altered on any lot until construction plans and building specifications and a plan showing the (a) location of improvements on the lot (b) the grade elevation (including rear, front, and side elevations); (c) the type of exterior material (including delivery of a sample thereof); (d) the location and size of the driveway, which shall be concrete or some other approved surface, and shall have been approved in writing by the developer; (e) the Construction Committee of the Lewis & Clark consist of John ZurSchmiede in which they must approve all plans and hold the right to reject any plans.

  3. Building Materials. Roofs, Builder

    1. The exterior building of all structures shall extend to a maximum of six (6) inches above the ground level and shall be either brick, stone, brick veneer, stone veneer, or vinyl siding or a combination of the same. However, developer recognizes that the appearance of other exterior buildings materials such as wood siding may be attractive and innovative, and reserves the right to approve in writing the use of other materials.
    2. The roof pitch of any residential structure shall not be less than five (5) inches vertical for every twelve (12) inches horizontal for any structure.
    3. Developer must approve general contractor. Developer makes this requirement to maintain high quality and consistency of construction within the subdivision.
  4. Garages and Swimming Pools

    1. All lots shall have at least a one-car garage.
    2. Garages must be attached to the structure.
    3. No carports shall be constructed on any
    4. Prior to the start of construction of any s\dwelling, the contractor will install and gravel the driveways so that it can be used during the construction of the dwelling.
  5. Setbacks

    1. No structure shall be located on any lot nearer to the front lot line o the side street line than the minimum building setback lines shown on the recorded plat. Developer may vary the established building lines, in its sole discretion, where not in conflict with applicable zoning regulations during the development of the subdivisions. For purposes of this section, the developer of the subdivision shall be from the date that these restrictions and protective covenants are executed by the developers to the date of the sale of the last remaining lot in Lewis & Clark Subdivision, to any person, firm, or corporation other than the developer.
    2. The front of any dwelling structure constructed on any lot shall be no further than five (5) feet behind the minimum building setback line shown on the recorded plat.
    3. For purposes of these restrictions and protective covenants, all adjoining lots or portions thereof used as a site for the construction of a single dwelling structure shall be considered one (I) lot, so that these restrictions and covenants relative to side lot lines shall mean the side lines of any one or more lots or portions of any lot or lots used as a single dwelling building site.
    4. For purposes of these covenants, eaves, steps, and open porches shall not be considered as a part of the building, provided, however, that these exceptions shall not be construed to permit any portion of a dwelling structure or any other building to encroach upon another lot. ln no event shall any dwelling structure or any other building be erected in violation of side yard requirements of any applicable zoning ordinance in effect at the time of construction. The minimum lot size shall be as shown on the recorded plat.A setback is a distance from the curb, property line or structure within which building is prohibited. Setbacks are normally proved for by ordinances, building codes, or restrictions as shown on the recorded plat.
  6. Minimum Floor Area

    1. The ground floor area of a one (1)-story house shall be a minimum of 1200 square feet, exclusive of the garage.
    2. The total floor area of a one and one half story and /or two story house shall be a minimum of 1200 square feet, exclusive of the garage, with a minimum of 700 square feet on the ground floor.
  7. Nuisance

    No noxious or offensive trade or activity shall be conducted on any lot, of nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood.

  8. Use of Other Structures and Vehicles

    1. No structure of a temporary character shall be permitted on any lot except temporary tool shed of field offices used by a builder or developer, which shall be removed when construction or development is completed.
    2. No outbuilding, trailer, basement, tent, shack, garage, barn or structure other than the main residence erected on a lot shall be used as a residence, temporarily or permanently.
    3. No trailer, truck, or motorcycle, commercial vehicle, camper trailer, camping vehicle pf boat shall be parked or kept on any lot any time unless housed in a garage or basement or parked to the rear of the improvements located on any lot so that the same shall not be visible to the public from any street located in the subdivision, or additions thereto. No automobile, which is inoperable, shall be habitually or repeatedly parked or kept on any lot (except in the garage) or on any street. No trailer, boat, truck, or other vehicle shall be parked on any street in the development for a period in excess of twenty-four (24) hours in any one calendar year.
    4. No automobile shall be continuously or habitually parked on any street or public right-of-way. For purposes of this paragraph, habitually or continuously parked on any street or public right-of-way shall mean any period in excess of six (6) hours. It is the intent of the developer that residents of the development park their automobiles in their driveways and/or garages.
  9. Animals

    No animals, including reptiles, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets in this geographic area may be kept provided they are not kept, bred, or maintained for any commercial or breeding purposes. All household pets, including dogs and cats shall be confined to the lot occupied by the owner.

  10. Landscaping: Sidewalks: Driveways

    1. After the construction of a residence, the lot owner shall grade and seed or sod that portion of the lot between the front and street sidewalls of the residence and the pavement of any abutting streets.
    2. Each lot owner shall concrete (or asphalt, with the developer approval) the driveway within three (3) months after completion of a single-family dwelling.
    3. Upon the owner’s failure to comply with the provisions of paragraph 10, developer or any person or association to whom it may assign the right may take such action as necessary to comply therewith, and the owner shall immediately upon demand, reimburse developer or other performing party for all expenses incurred in so doing.
  11. Underground Utility Service

    Utility service lines serving each lot shall be underground and shall be located only in those areas reserved on the plat for utility easements. The utility easements shown on the plat shall be maintained and preserved in their present condition and no encroachment therein, and no change in the grade or elevation thereof, shall be made by any person firm or corporation owning any legal or equitable interest in any lot in the subdivision without the expressed consent in writing of the utility service companies providing utility service to the subdivision.

  12. Clotheslines; Fences and Walls

    1. No outside clotheslines shall be erected or placed on any lot.
    2. No fence or wall of any nature may be extended toward the front of street side property line beyond the front or sidewall of the
    3. If any fence is constructed which covers a utility easement, such fence shall also have a three (3) foot access gate.
    4. No tennis court fence shall be erected on any lot in the development unless the fencing is coated with green vinyl.
    5. In the event that an in-ground swimming pool is installed on any lot in the development a privacy fence shall be erected to screen such swimming pool from sight, shall also meet any requirement of County Ordinance, and/or state administrative Code and/or State Statute.
  13. Duty to Maintain Lot.

    1. From and after the date a purchase of a lot until construction of a single­ family dwelling is started, developer shall have the exclusive right to perform all maintenance on the lot, including but not limited to Each owner shall be assessed an annual fee payable in January at a rate of $50.00 until the homeowner’s association sets a new rate.
    2. From and after the date of construction of a single-family dwelling on a lot is started, it shall be the duty of each lot owner to keep the grass on the property cut, to keep the lot free from weeds and trash, and to keep it otherwise neat and attractive in appearance, shall any owner fail to do so, then the developer or any person, firm, corporation or association to whom it may assign the right may take such action as it deems appropriate, including mowing, in order to make the lot neat and attractive and the owner shall, immediately upon demand, reimburse developer or other performing party for all expenses incurred in so doing.
  14. Business: Home Occupations

    No trade or business of any kind (and no practice of medicine, dentistry, chiropractic, osteopathy and like endeavors) shall be conducted on any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Notwithstanding the provisions hereof or of paragraph # 1, a new house may be used by the builder thereof a model home for display of the builder’s own office, provided said use terminates within eighteen (18) months from completion of the house or upon such additional period of time as may be expressly agreed to in writing by developer of any person, firm, corporation or association to whom it may assign the right.

  15. Erosion Control

    Prior to the construction of a single-family residence on each individual lot, it shall be the responsibility of the developer or his assigns to maintain erosion control on each lot to prevent erosion slides into any road or curb improvement. After the transfer of ownership from the developer or at the beginning of construction by a builder to whichever occurs first, it shall be the duty of each individual lot owner and builder to prevent any erosion of earth on said improvements. Should any owner fail to do so, then developer or its assigns may take such actions as it deems appropriate, and immediately upon demand reimburse developer or other performing parties for all expenses incurred in so doing.

  16. Signs

    No sign for advertising or for any other purpose shall be displayed on any lot or on building or a structure on any lot, except one sign for advertising the sale or rent thereof, which shall not be greater in area than nine square feet provided however, developer (i) shall have the right to erect larger signs advertising the developer, (ii) to place signs on lots designating the lot number of the lots, and (iii) fol1owing the sale of a lot, to place signs on such lot indicating the name of the purchaser of that This restriction shall not prohibit placement of occupant name signs and lot numbers as allowed by applicable zoning regulations.

  17. Drainage

    Drainage of each lot shall conform to the general plans of developer for the development.

  18. Disposal and Trash

    No lot shall be used or maintained as a dumping ground for rubbish, trash, or garbage. Trash or garbage or other waste shall not be kept except in sanitary containers,

  19. Easements

    Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements. The easements area of each lot and all improvements in to shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

  20. Restrictions Run With Land

    Unless altered or amended under the provisions of this paragraph, these covenants and restrictions are to run with the land and shall be binding on all parties claiming under them for a period of thirty (30) years from the date this document is recorded, after which time they shall be extended automatically for successive periods of ten (10) years, unless an instrument is signed by a majority of the then owners of the front footage of all lots subject to these restrictions and covenants in whole or in Failure of any owner to demand or insist upon observance of any of these restrictions, or to proceed for restraint of violation shall not be deemed a waiver of the violation, or the right to seek enforcement of these restrictions.

  21. Homeowners Association

    1. Membership and voting
      1. Every owner of a lot, which is subject to assessment, shall be a member of Association. Membership shall be appurtenant to and may not be separated from ownership of any lot, which is subject to assessment.
      2. The Association shall have two (2) classes of voting membership : Class A and Class B.Class A. Class A membership shall be all owners with the exception of the developer and shall be entitled to one (1) vote for each lot owned. When more than one (1) person owns an interest in a lot, all such persons shall be members. The vote for such lots shall be exercised as they among themselves agree, but in no event shall such vote be split into fractional votes not more than one (1) vote be cast with respect for any lot. Each vote cast for a lot shall be presumptively valid. Be if such vote is questioned by any member holding interest in such lot, if all such members are not in agreement, the vote of such lot which is questioned shall not be counted.Class B. Class B shall be the developer and the Class B member shall be entitled to (3) votes for each lot owned. A Class B membership shall cease and be converted to Class A membership when the total votes outstanding in the Class A membership equals the total outstanding in the Class B membership.
    2. Creation of the lien and personal obligation of the assessments.
      1. The owner of any lot within the development by acceptance of a deed to any such lot, whether or not it shall be expresses in such deed, is deemed to covenant and agree to pay the Association an annual assessment or charge which initially is in the sum of Fifty and No/100 ($50.00) dollars per lot beginning with the initial conveyance of the lot from the developer and due to the following January 1, and thereafter due in a like manner on the following 1st day of January. The annual assessments, together with interest, costs, and reasonable attorney’s fee, shall be a charge on the land and shall be a continuing lien upon the property on which such assessment is made. Each assessment together with interest, costs, and reasonable attorney’s fees shall also be a personal obligation of the person who was of such property at the time the assessments are due. The personal obligation for delinquent assessments shall not pass to his successor in title unless expressly assumed by them in the deed to such lot.
      2. The purpose of the assessments levied by the Association shall be exclusively to promote the recreation, health, safety and welfare of the residents of the development and for the improvement and for the improvements and maintenance of Common Areas, including: the subdivision entrance or entrances and landscaping islands in the entrance(s), cul-de­ sacs, and retention basin. The Association will also be responsible for any taxes or assessments imposed upon the common grounds. In addition, Lewis & Clark Subdivision Homeowner’s Association shall also be required to carry liability insurance on common areas and indemnify individual lot owners.
      3. The Homeowners Association by vote of the majority of the members of said Association may increase the annual assessment.
      4. Effect of nonpayment of assessments: remedies of Association: any assessment not paid within thirty (30) days after the due date shall bear interest from the action at law against the owner primarily to pay the same or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the common areas or abandonment of such lot.
      5. Subordination of the liens and mortgages. The liens of the assessment provided for herein shall be subordinated to the lien of any first mortgage in existence at the time that the assessment becomes a lien. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to any mortgage foreclosure or any proceedings in lieu thereof, shall extinguish the lien of such assessment as to payments which become due prior to such sale of transfer. No sale of transfer shall relieve such lot from liability for the assessment thereafter becoming due or from the lien thereof
      6. Exempt property. All property dedicated to and accepted by a local public authority, the common areas, and all properties owned by the developer shall be exempt from the assessment created herein, except no land or improvements devoted to dwelling use shall be exempt from said assessments.
      7. The developer shall call the first meeting of the Homeowners Association by giving thirty (30) days written notice to all members. The first meeting shall be no later than five (5) years from the date these Restrictions are placed of record.
      8. Directors and Incorporations: The Homeowners Association is an unincorporated entity and has not been incorporated. The homeowners Association pursuant to the regulations as set forth herein may take by proper vote the action to incorporate or they may decide to stay unincorporated. They may also take action of appointing a Board of Directors to act on behalf of the Association, and set forth bylaws to guide the Association and/or its Directors.
      9. Owners Easements and Rights of Enjoyment: Every owner shall have the right and easement in and to the common areas which right and easement shall be appurtenant to and shall pass with the title to every lot subject to the following provisions.
    3. The right of the Association to dedicate or transfer any or all parts of the common areas to any public agency, authority of utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication of transfer shall be effective unless an instrument of agreement to such dedication or transfer is signed by two-thirds (2/3) of each class of members has been recorded.
  22. Enforcement

    Enforcement of these restrictions, excepting paragraph 21, shall be proceeding law or in equity, brought by an owner of real property in Lewis & Clark Subdivision or by the developer against any party violating or attempting to violate any covenant or restrictions, either to restrain violation, to direct restoration or to recover damages.

  23. Invalidation

    Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.

  24. Obligation to Construct or Reconvey

    Each lot owner shall within two (2) years after the date of conveyance of a lot without a dwelling thereon, commerce in good faith the construction of a single family dwelling approved according to paragraph 2, upon each lot conveyed; provided that should said construction not commerce within the specified period of time, the developer may elect to repurchase any and all lots on which construction has not commenced for ninety (90%) per cent of the agreed purchase price of said lot or lot hereunder, in which event the lot owner shall immediately reconvey and deliver possession of said lot of lots to the developer by warranty Failure of the developer to elect to repurchase any lot on which construction has not commenced under the terms of this provision shall not be deemed a waiver of the developer’s right to elect to repurchase in the future any or all of such lots on which construction has not commenced. ·

  25. Reservation by Developer to Alter or Amend Restrictions and Protective Covenants

    The developer, its successors and assigns, reserve the right to alter or amend these restrictions and protective covenants during the development period of the development. For purposes of this section, the development period shall be from the date that these restrictions and protective covenants ate executed by the developer to the date of the recording of a deed to any lot in Lewis & Clark Subdivision to any person, firm, of corporation other than the developer.

Four Modifications to restrictions made in order to comply with drainage board:

Excavation and Grade. No excavation shall be made on any lot or portion thereof except as reasonably necessary for walls, basements, swimming pools, or public utilities. No person shall, at any time, raise the grade of any lot or portion thereof above the grade reasonably necessary to construct the permitted building. All grading of lots in the subdivision shall be in compliance with the subdivision plat and the construction plans and specifications approved by the Clark County Plan Commission and the Clark County Drainage Board.

Easements, including Drainage Easements. Developer has placed drainage swalcs and casements within this subdivision according to the subdivision plans and specifications which have been approved for this subdivision by the Clark County Plan Commission and the Clark County Drainage Board. Easements for installation and maintenance of utilities affecting all lots are reserved as shown on the recorded plat. Any subsequent builder or homeowner who, for construction activities or for any other reason, interferes with or disrupts the drainage and utility easements shall, at their own expense, replace and maintain such easements and drainage in accordance with the plans and specifications approved by the Clark County Plan Commission and the Clark County Drainage Board and the Clark County Drainage Ordinance, as amended from time to time, unless released from such obligation in writing by the Clark County Drainage Board or the municipal governmental with jurisdiction over such easements.

Each lot owner (including a builder) shall indemnify and hold Developer and/or the Association, as the case may be, harmless from and against all liability, damage, loss, claims, demands, penalties, fines, and actions of any nature whatsoever, including reasonable attorney fees, which may arise out of or are connected with, or are claimed to arise out of or to be connected with, any work done by a lot owner, a builder. an employee, or subcontractor which is not in compliance with the plans and specifications approved by the Clark County Plan Commission and the Clark County Drainage Board and the Clark County  Drainage Ordinance. The Association shall be responsible for maintaining all drainage retention and detention basins situated within this subdivision and an easement is hereby reserved for the benefit of Developer and the Association over and across all lots bounding the drainage basins for the purpose of enabling Developer and the Association to maintain the drainage basin in accordance with the Clark County Drainage Ordinance, as amended from time to time.

All grading of lots in the subdivision shall be in compliance with the subdivision plat and the construction plans and specifications approved by the Clark County Plan Commission and the Clark County Drainage Board

In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Properties, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of 75% of the votes, unless such special assessment is for purposes of enabling the Association to comply with the Clark County Drainage Ordinance or any order issued by the Clark County Drainage Board.