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INDIAN VILLAGE
PROTECTIVE COVENANTS
Definitions:
For the purpose of these restrictions,
the word “STREET” shall mean any street, road, pass, way, trail, lane,
boulevard, regardless of name, which is shown on the recorded plat of Indian
Village and Indian Hills (all sections, lots 1 – 269 inclusive) and which has
been heretofore dedicated to the public for the purpose of a public street, or
for park or boulevard purposes.
The
word “OUTSTANDING” or “OUT-BUILDING” shall mean an enclosed, covered structure,
not directly attached to the residence to which it is appurtenant.
The
word “LOT” may mean any lot as platted, or any tract or tracts of land as
conveyed, which may consist of 12 or more lots or parts of 1 or more lots as
platted, and upon which a residence may be erected in accordance with
restrictions hereinafter set forth, or as set forth in the individual deeds
from said owners or their heirs and assigns.
[A corner lot shall be deemed to be any such lot as platted, or any
tract of land as conveyed, having more than 1 street contiguous to it. The street upon which the lot or part
thereof, fronts, as hereinafter provided, shall be deemed to be a front street;
and any other street contiguous to any such lot shall be deemed to be a side street.]
Use of Land:
All
lots shall be used for residential purposes only. No noxious or offensive trade or commercial
activity may be conducted on any of said lots.
No building or structure, other than a single detached dwelling not to
exceed two (2) stories (1) in height to be used for the
occupancy of a single family shall be erected, altered, placed or permitted to
remain on any of the said lots. Further
provided that in no event shall any building be occupied for any purpose except
that of a private residence exclusively. This restriction shall not exclude the
erection on any of said lots of one private garage for not more than three (3)
cars and in addition thereto one proper one-story out-building for use as a
tool or garden shed not to exceed a ground floor area of two hundred (200)
square feet.
Approval of Structural Design, Building and
Grade Lines:
In
order to maintain harmonious structural design and lot grades, the undersigned
owner reserves in itself, or whomever it may designate, the right to establish
said grades and to examine and endorse its written approval upon construction
plans prior to the construction of any building upon any of said lots, and no
construction shall be commenced unless such approval shall be first obtained. No building, including porches, open or
enclosed, but excluding terraces, (2) and no fence, wall or
hedge more than thirty (30) inches high (3) shall be located on
any lot nearer than the front building line (4) nor nearer
than the side building line (5) of corner lots as shown on
the plat. No building, excepting a tool
or garden shed (6) located on the rear one third of any such
lot, shall be located nearer than five (5) feet to any side lot line. No residence or attached appurtenance shall
be located more than fifteen (15) feet behind the building set back line (7)
as established herein.
Minimum
Minimum Ground Floor Area:
No dwelling house shall be erected or
permitted on any of said lots the ground floor area of which, exclusive of
porches, terraces, and garages, is less than, in the case of a single family
dwelling, 760 square feet for a one story structure, or less than 576 square
feet for a 1 ˝ or 2 story structure.
Easements:
Easements are hereby expressly reserved
and dedicated as shown on the plat, for the erection, construction and
maintenance of poles, wires, conduits, and the necessary or proper attachments
in connection therewith for the transmission of electricity and for telephone
and other purposes; also for the construction and maintenance of drains,
sewers, pipelines for supplying gas, water, or heat, and for any other public
or quasi-public utility or function, maintained, furnished or performed by or
in any method beneath the surface of the ground. Any municipal, public or quasi-public
corporation, engaged in supplying any one or more of the above utilities will
have the right to enter upon said easements for which said easements are
reserved, using care, however, to restore the said premises as nearly as
possible to its condition prior to such entry.
_________________________
(1) Section B: No building or structure to exceed two and
one half (2 ˝) stories.
Indian Hills Extended: No
building or structure to exceed one and one half (1 ˝) stories.
(2) Terrace: Section A: eaves, cornices and
unenclosed porches permissible.
Section B: not permissible.
(3) Fences: Section A: three and one half (3 ˝) feet in
height.
Section B: no restrictions.
Section E: thirty-six
(36) inches in height.
(4) Front lot lines: Section B: forty (40) feet.
Section C: thirty (30) feet.
(5) Side lines: Section A: excludes stoops,
verandas and bays.
Section E: no
restrictions.
(6) Shed location: Section A: no restrictions.
Section B: no closer than eighty (80) feet to front lot line.
(7) Set back line: Section A: no restriction.
Section B: no restriction.
Section E: twenty (20) feet.
Excepting and providing the following:
Section A: Strips of
ground 5 feet in width as shown on
plat will be reserved as easements.
Section B: The rear 6 feet of all lots and border
strips, 6 feet in width
along all lots of
Indian Village Section “A” towit,
Lots
1, 29, 21, 20, 16, 15 are reserved as easements.
Section D: The rear 6 feet of all lots and elsewhere as
shown on
plat
will be reserved as easements.
Excepting and provided, however, that
the easements indicated on said plat in the south six (6) feet of Lots numbered
54 and 67, the north six (6) feet of Lots numbered 55 and 66, the south five
(5) feet of Lots numbered 58 and 63, 89 and 94, the north five (5) feet of Lots
numbered 59, 62, 90 and 93 and in a strip of land 10 feet in width lying within
Lots numbered 47 and 48, the center line of which extends from a point in the
west line of said lots 17.7 feet south of the northwest corner of Lot numbered
47 to a point in the east line of said lots 39.8 feet northwesterly from the
southeast corner of said Lot numbered
48, are expressly reserved and dedicated only for such of the foregoing
uses, purposes, utility structures and maintenance as may be contained within
the ground and shall not extend to or be used for erection of any poles, wires
or other public utility structures or installations above the surface of the
ground.
Section E: Easements are hereby expressly reserved and
dedicated in and over
the rear seven (7 ) feet of each of said lot and elsewhere
as
shown on plat.
Indian Hills (lots 191-269): Easements are hereby expressly reserved and
dedicated in and on
the rear seven (7) feet of each of said lots and elsewhere
as
shown
on plat.
No
Temporary Dwellings:
No trailer, basement, tent, shack,
garage, barn or other out-building on any lot shall at
any time be used as a residence temporarily or permanently, nor shall any
structure of a temporary character be used as a residence.
Signs
and Billboards:
No
billboards or other advertising signs or devices shall be placed or maintained
on any lot, other than one (1) sign having not more than four (4) square feet
of surface, advertising the lot or dwelling house for sale or lease; provided,
however, that such billboards or other advertising signs or devices may be
erected and maintained as are deemed necessary by Indian Village, Inc., or its
agents for the original sale of said lots.
Community
Association:
At any time by the agreement of 65% of
the then owners of lots, said owners being allowed one (1) vote for each lot as
platted or conveyed as herein provided which they may then own, evidenced by
articles, in writing, signed by said owners or their duly authorized agents,
there by may organize an incorporated or unincorporated not-for-profit
community association, or said lot owners, by such an agreement, may affiliate
themselves as a group with an existing community association, providing that
the constitution and by-laws of such existing association or such association,
as may be organized under the provisions hereof, shall provide that the owner
of each and every lot in Indian Village who shall make application therefore
and be registered on the books of said association, shall be entitled to
membership in said association and enjoyment and exercise of all of the rights
and privileges therein conferred upon members of such association; and, such
owner’s eligibility for such membership shall continue only so long as he
continues to be the owner of a lot in said Addition. Only one such organization shall be
recognized and approved by the undersigned, Indian Village, Inc., and at such
time as said Indian Village, Inc., or its successor sponsors in the development
and promotion of said Addition may desire, it may delegate to such association,
as it shall have recognized, by an instrument, in writing, such of its rights
and powers as it may determine relating to the control and maintenance of lots
and the right to inspect and approve the plans and specifications for any
proposed residence to be erected in said Addition, and such association shall
thereupon assume responsibility for such rights and powers so delegated and
their enforcement and the original owner, said Indian Village, Inc., may
thereupon be released therefrom as stipulated in said
instrument.
Maintenance Fund;
There
shall be imposed upon the owner of each and every lot in said Indian Village an
annual maintenance fee of $30.00 due January 1st of each year, which
shall be used by said Association for the purpose of looking after, promoting
and maintaining the best appearance of said Addition, and for such other
purposes as the Association may desire, provided such use is for the benefit of
said Addition. Such maintenance fees
thus imposed shall be and constitute a lien on each and every such lot,
inferior only to taxes, assessment and bona fide mortgages thereon, and the
lien of such maintenance fee shall be enforceable in the same manner as
provided in the statue for enforcement of mechanics liens except and to the
extent as modified herein.
Term, Modification,
Enforcement, Valuation:
These covenants, or any modifications
thereof, shall run with the land and shall be binding upon all parties and all
persons claiming under them from the date these covenants are recorded after
which time said covenants shall be automatically extended for successive
periods of ten (10) years.
These
covenants may be modified at any time by the approval of a majority of the then
record titleholders of the lots of the section in question. Said modifications shall be by written
recorded instrument signed by either said majority or, upon approval by written
ballot of said majority, the Board of Governors.
Enforcement shall be by proceedings at law or in equity against any
person or persons violating or attempting to violate any covenant either to
restrain violation or to recover damages.
The Board of Governors shall have the authority to bring and enforce
such actions in equity and in law.
The terms
and provisions of these covenants shall be without relief from valuation or
appraisement laws.
Severability:
Severability invalidation of any covenant by judgment or court order or by any other operation of law shall in no way affect any other provision which shall remain in full force and effect.