Residential Land and Lots

PROTECTIVE RESTRICTIONS, COVENANTS, LIMITATIONS AND EASEMENTS FOR NORTH MEADOW ESTATES IN GOSHEN, ELKHART TOWNSHIP, ELKHART COUNTY, INDIANA

All the lots in said subdivision shall be subject to and impressed with the covenants, agreements, easements, restrictions, limitations and charges hereinafter set forth; and they shall be considered a part of the conveyance of any lot in said subdivision without being written therein. The provisions herein contained are for the mutual benefit and protection of the Developer, and owners, present or future, of any and all lots in said subdivision; and they shall run with the land and inure to the benefit of and be enforceable by the Developer and owner or owners, of any lot or lots included in said subdivision, their respective legal representatives, heirs, successors, grantees and assigns. The Developer and owner or owners, present or future, of any land or lot included in said subdivision shall be entitled to injunctive relief against any violation or attempted violation of the provisions hereof and also damages for any injuries resulting from any violation hereof, all as hereinafter described; but there shall be no right of reversion or forfeiture of title resulting from such violation. These Protective Restrictions, Covenants, Limitations and Easements for North Meadow Estates First Addition have been established by the undersigned, to-wit: Carl & Rae, L.L.C., who is the “Developer” for said subdivision, and who, as of the date of recording of these Protective Restrictions, Covenants, Limitations and Easements, is the sole and exclusive “owner” or owners of all of the lots in said subdivision.

The Restrictions, Covenants, Limitations and Easements imposed upon said subdivision are as follows:

1. ARCHITECTURAL CONTROL.

(a) In order to maintain harmonious structural design, no building for any purpose may be erected on any lot unless and until the plans and specifications therefore have been approved in writing by the Developer or its Designated Agent. The Developer shall have the authority to approve or disapprove all plans and specifications and set backs and grade levels erected in the subdivision. No construction or any structure shall be commenced until the Developer has issued its approval. The decision of Developer shall be entirely within its discretion.
(b) No building shall be erected, placed, or altered on any lot, nor shall the natural topography or drainage of any lot be altered, until the construction plans for such structure or topographical changes have been approved by the Developer. The plans must show exterior dimensions both horizontally and vertically, outside colors to be used, harmony of external design with respect to existing structures, if any, and location with respect to the lot lines, topography and finished grade elevations. Two (2) sets of plans must be submitted. One (1) will be retained in the Developer’s file and one (1) will be returned to the lot owner. The Developer’s decision shall be returned to the owner in writing. Neither the Developer, nor any of its respective heirs, personal representatives, successors or assigns, shall be liable to anyone by reason of any mistake in judgment, negligence or nonfeasance arising out of or relating to the approval or disapproval or failure to approve any plans so submitted, nor shall they, or any of them, be responsible or liable for any structural defects in such plans or in any building or structure erected according to such plans or any drainage problems resulting therefrom. Every person and entity who submits plans to the Developer agrees by submission of such plans, that he, she or it will not bring any action or suit against the Developer to recover any damages or to require the Developer to take, or refrain from taking, any action. Neither the submission of any complete set of plans to the Developer for review, nor the approval thereof by the Developer, shall be deemed to guarantee or require the actual construction of the building or structure therein described, and no lot owner may claim any reliance upon the submission, approval or disapproval of any such plans or the structure described therein.
(c) The authority of the Developer, or the successors or assigns of the Developer, as to architectural control, shall expire fifteen (15) years after the recording of these Protective Restrictions, Covenants, Limitations and Easements. All other developmental controls, restrictions, or covenants herein stated, not pertaining directly to Developer, shall remain in full force and effect after said fifteen (15) year period of time, for such time periods, and subject to such extensions, as hereinafter provided, and be enforceable as herein provided.

2. LAND USE AND BUILDING TYPES AND SIZES.

(a) All dwellings must have a full size, attached garage capable of storing one (1) automobile, but not to exceed space for three (3) automobiles, which garage must contain not less than 300 sq. ft. of floor space, unless such garage requirement be specifically waived in writing by the Developer.
(b) Modular construction units meeting all local, Federal and State codes for treatment as conventional housing units (as opposed to mobile homes) may be permitted at the discretion of the Developer as set forth in Architectural Control above.
(c) No excavated dirt or any soil shall be removed from the subdivision without the consent of the Developer. All excess dirt shall be placed in low lying areas, as directed by the Developer of the subdivision, unless expressly authorized otherwise by the Developer.
(d) All lots shall be kept mowed, trimmed and free of debris at all times whether vacant or not.

3. EASEMENTS AND DRAINAGE.

(a) Easements are hereby granted to the City of Goshen, all public utility companies, including General Telephone Company and Northern Indiana Public Service Company severally, and private utility companies where they have a certificate of territorial authority to render service, to include cable TV service, and their gas mains, conduits, cables, and wires, and other appliances in, upon, along and over the strips of land designated on the plat and marked “UTILITY EASEMENT”, for the purpose of serving the public in general with sewer, water, gas, electric and telephone service, including the right to use the streets, where necessary, together with the right to enter upon the said easements or public utilities at all times for any and all of the purposes aforesaid and to trim and keep trimmed trees, shrubs, or saplings, or remove dirt or fill, that interfere with any such utility equipment. No permanent buildings shall be placed on such easements, but the same may be used for gardens, shrubs, landscaping and other purposes that do not interfere with the use of said easement for such public utility purposes.
(b) All public and private utility services, either in the streets or on any lots, including but not limited to electric, gas and telephone service, and cable television, shall be located underground, and shall not be visible, unless this requirement be specifically waived in writing by the Developer per Architectural Control above.
(c) Each individual lot owner must maintain the drainage system installed on his lot. Persons altering the drainage effectiveness of the system shall be held personally liable for damages resulting from such alterations.

4. GARBAGE, TRASH, AND OTHER WASTE.

(a) No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste material shall not be kept except in sanitation containers. Any storage or disposal equipment of such material shall be kept in a clean and sanitary condition.
(b) Trash, garbage, and other waste shall be kept only in sanitary containers, and all equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. The term waste shall include but not be limited to all discarded household furniture, appliances, building materials, tools, toys, unlicensed vehicles, automotive and other mechanical parts, and other household fixtures and equipment or parts thereof which are not in use within the subject’s premises. Storage of such items shall be specifically restricted to the area within the principal residential building or to enclosed accessory building such as garages, garden sheds, and storage buildings. Exterior storage of such items is specifically forbidden.

5. FENCING.

No fence, except decorative fence 2’6” high maximum, will be permitted in front of the rear building line of the principal structure on any lot. Any fence behind the principal structure on any lot may have a maximum height of 6’. Use of chain link or wire fence in front of the rear building line is specifically forbidden.

6. LANDSCAPING.

(a) The purchaser of any said lot shall be required to provide landscaping. A lawn shall be planted and maintained within twelve (12) months of purchase. Such lawn shall cover all areas not used for other appropriate purposes.
(b) A minimum of one tree shall be planted in front of the setback line but not closer than 25 ft. from the street centerline. Such tree shall be at least 5 ft. tall when planted and shall be of a species on the City of Goshen recommended list with preference to maples. The lot owner shall be required to maintain such tree in a healthy condition and replace it if necessary.

7. NUISANCES.

No noxious, offensive, or loud activities shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance in the neighborhood.

8. LIVESTOCK AND POULTRY.

No livestock, animals or poultry of any kind shall be harbored, raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes and are not permitted to become a neighborhood nuisance or hazard in any manner.

9. FUEL STORAGE TANKS.

All oil or fuel storage tanks must be installed under ground or concealed within the main structure of the dwelling, basement or attached garage.

10. RECREATIONAL AND COMMERCIAL VEHICLES.

No recreational or commercial vehicles (campers, trailers, trucks, boats or snowmobiles) may be kept in open areas in the subdivision, whether such open areas are on or off the lot of any lot owner, except at points beyond and behind the rear building line for each lot.

11. DRIVEWAYS AND SIDEWALKS.

(a) No stone or cinder driveway shall be permitted. All driveways are to be a minimum of twelve (12) feet wide and must be constructed of asphalt or concrete. Whether constructed of asphalt or concrete, the depth of the asphalt or concrete shall be at least four (4) inches thick. Circular drives in front of homes (if any) may be a minimum of eight (8) feet wide.
(b) A five (5) foot wide sidewalk adjacent to the curb shall be constructed and maintained by each lot owner. Such sidewalk is to conform to City of Goshen standards.

12. NON-BUILDING LOT.

A lot may be purchased to provide open space, park, playground, additional yard, future development, or other purpose consistent with the community. In such event the owner is obligated to, within twelve (12) months, conform to all provisions of this covenant including sidewalk, landscaping, and maintenance.

13. SINGLE FAMILY RESIDENCE: LIMITATIONS ON VEHICLES.

Each lot shall be used only as a residential facility for a single (1) family. All limitations on usage under the current R-1 Zoning designation of the Goshen City Zoning Ordinance, and all amendments or additions thereto, shall apply to each lot in the subdivision. Additionally, no day care centers, day care homes, family care homes, boarding houses, group homes, or other uses separate or distinct from the “single family” designation of the Goshen City Zoning Ordinance shall be permitted, irrespective of the standards now existing or hereafter established under the Goshen City Zoning Ordinance. A single family dwelling, for purposes of these Covenants, means a separate, detached residential dwelling or two adults, and limited to dependent descendants of such adults, or dependent parents of such adults, but in no event to exceed seven persons regularly residing in the dwelling.
To further regulate the intensity of use of the one family dwelling units contemplated herein, no lot shall have more than four motor vehicles, or any type or character, regularly parked or placed at the dwelling unit or lot, or in the garage therefore, or parked in the public ways or streets in proximity thereto, as a function of people using or residing at the one family dwelling. Exceptions to the motor vehicle number limitation herein stated would be family gatherings, social events, or other meetings of limited duration, not involving overnight stays or overnight parking extending beyond two nights.

14. AMENDMENT OF COVENANTS.

It is expressly provided that the Developer, its successors or assigns, shall have the exclusive right, for a period of fifteen (15) years from the date of the recording of this plat, to alter or amend any or all of the Restrictions or Covenants contained herein in the best interests of enhancing the use and enjoyment of the affected real estate and to upgrade the appearance and beauty of these areas. Such amendments signed and recorded in the office of the Recorder of Elkhart County offices, 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. After fifteen (15) years from the date this plat is recorded, these Restrictions and Covenants may be amended at any time by the recording of such amendments executed by the owners of the fee title of not less than 75% of the lots in this subdivision, or any extensions or additions to this subdivision who shall also be governed by these Restrictions, Covenants, and Limitations.

15. DURATION OF COVENANTS.

The Covenants and Restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these Covenants are recorded. At that time said Covenants and Restrictions shall automatically be extended for successive periods of ten (10) years, unless by a vote of the then owners of the fee simple title of not less than 75% of the lots in the subdivision, or any extensions or additions to the subdivision who shall also be governed by these Restrictions, Covenants and Limitations.

16. SEPARABILITY OF COVENANTS.

Invalidation of any one of the Covenants or Restrictions by judgment of a court of competent jurisdiction shall in no way affect any of the other Covenants or Restrictions and all other provisions of these Restrictions shall remain in full force and effect.

17. ENFORCEMENT OF COVENANTS.

The right to enforce these provisions by injunction, together with the right to cause the removal by due process of law of any structure, is hereby vested in the Developer, and the successors and assigns thereof, in the City of Goshen, or its successor, and in each owner of a lot in North meadow Estates First Addition. These Covenants and Restrictions may all be enforced by a civil action for damages and by any other appropriate remedy at law or in equity. If any person or persons shall violate or attempt to violate any of the Covenants, Limitations, Restrictions or Easements herein, it shall be lawful for any other person or persons vested with the title to any of the lots in said subdivision, or the Developer, and the successors and assigns thereof, to proceed either in law or in equity, against such person or persons, violating or attempting to violate any such Covenants, Limitations, Restrictions or Easements, and to enjoin them from doing so, and to recover damages for such violation and to seek all other appropriate relief. In the event that a lot owner or the Developer should employ counsel to enforce any of the foregoing Covenants, Limitations, Restrictions or Easements, all costs incurred in such enforcement, including reasonable attorney fees, shall be paid by the owner of such lot of lots against whom such enforcement action is brought, and the prevailing offended lot owner, or the Developer, as the case may be, shall have a lien upon such lot or lots to secure the violating lot owner’s payment of all such costs, which lien shall be enforced in the same manner as is provided in the mechanic’s lien statutes of the State of Indiana.