Restrictive Covenants For Jemian Trace
- No lot shall be used except for single family residential purposes.
- No building shall be located nearer than 25 feet to the front lot line, except corner lots which must comply with Elkhart County Subdivision Ordinance Regulations, nor more than 10 feet to an interior lot line.
- No fence shall be erected, placed or altered on any lot nearer to any street than the nearest building line of the dwelling or garage on said lot, nor elsewhere on any lot to exceed 4 feet in total height above the established grade level of the lot, unless such fence is specified within the original approval of the dwelling by the subdivision developer. Patio privacy fence may not exceed 4 feet in total height.
- No structure of a temporary character, travel trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, whether temporary or perminent.
- All residents must construct a minimum 20 x 20 attached garage made of new materials and installed in a professional manner in conjunction with the construction of the home.
- No machinery, equipment or discarded or dismantled automobiles or trucks or parts thereof, shall be placed, stored or kept on these lots.
- No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. Waste materials shall be kept in sanitary containers, which containers, incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
- No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except small household pets, provided they are not kept for breeding, or maintained for any commercial purposes. Further, pets shall be kept and confined in a reasonable and humane fashion.
- Basic landscaping such as lawn and shrubbery shall be completed within 9 months after owner residency is established. Any empty lot not occupied must be maintained by owner.
- All homes must be placed on a concrete crawl space or basement.
- All additions must be matched with color and material of existing home. They must be built in a professional manner.
- All lots shall have concrete driveways when residency is established, plus sidewalks up to the front door of dwelling from some point of the driveway.
- All home sites shall be subject to review by the Architectural Control Committee. Submittals shall include floor plan, elevations and site plan showing all proposed permanent improvements.
- No building shall be erected, altered, placed or permitted to remain on a lot other than one (1) detached single family dwelling not to exceed two (2) stories in height, and a private garage for not more than three (3) cars. Storage sheds, pool or bathhouses and other accessory buildings, or enclosed swimming pools shall be permitted only with the written consent of the Architechtural Control Committee. Such structures shall be of high quality and shall be consistently maintained in an attractive and workmanlike manner. The written consent of the Archetectural Control Committee shall also be required for any additions to garages of for new construction of garages beginning after completion of the original residence.
- No dwelling shall be permitted on any residential loot exclusive of open porches and garages, of less than one thousand two hundred (12) square feet for a one (1) story dwelling.
- No home shall have a total width of less than 24 feet, (i.e. no single wide manufactured homes shall be permitted).
- No obnoxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become an annoyance or nuisance to the neighborhood.
- All homes shall have a covered porch at the front door of minimum size of 5' wide and 12' long.
- No sign of any kind shall be displaced to the public view on any lot except one (1) sign of not more than five (5) square feet advertising the property for sale, or a sign used by the builder to advertise the property during the construction and sales period.
- No satellite dishes for television reception over 36" in diameter shall be installed on any lot. No satellite dish shall be located closer to the road than the front of the home occupying the lot
- All lots shall be kept mowed, trimmed and free of debris at all times, whether vacant or not for reason of land value protection.
- Automotive vehicles or trailers of any kind or type or parts thereof, whether operative or inoperative, without current license plates shall not be parked or stored on any lot other than in completely enclosed buildings.
- Each individual property owner must maintain the surface drainage system installed on their lot. No grading, planting, sodding or surface covering shall be applied to the area between a front lot line and the outer edge of street surfacing which in any manner reduces or impedes the storm drainage effectiveness (to theirs and their neighbors property) of elevations and inclines in said street as originally established by the subdivider of this plat. Persons altering the drainage effectiveness of the system shall be held personally liable fpr damage resulting from such alterations and shall have the right to maintain the drainage system, at the expense of the owner of all property whose owners have altered or failed to maintain such drainage systems. This restriction also applies to all surface drainage systems and retention areas which are shown in the original plat of such lots.
- Failure by the landowners to enforce any of the restrictions and covenants herein contained shall, in no event, be deemed a waiver of the rifht to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto.
- In the event any one or more of the above restrictions is invalidated by a court of competent jurisdiction, the remaining restrictions shall remain in full force and effect.
- It shall be lawful, not only for the undersigned, their successors and assigns, but also for the owner or owners of any lot or lots adjoining or in the neighborhood of the premises hereby granting who have derived or who hereafter derive title from or through the undersigned to institute and prosecute any proceedings at law or in equity, against any person or person violating or threatening to violate these covenants. If any person or persons violate or threaten to violate these covenants, herein it shall be lawful for any person or persons owning any part of the above described real estate to prosecute any proceedings at law or equity against the person or persons violating or attempting to violate any such covenants and whether prevent him or them from so doing or to recover damages or other dues from such violation.
- These covenants are to run with the land and shall be binding on all parties and all persons claiming under them. These covenants may be changed after 2009 by an instrument signed by the majority of the then owners of the lots to which these restrictions are applicable provided that an association of landowners has been created and approved by the developer.
- Oversight, enforcement, review and revision to these restrictive covenants shall be by and under the jurisdiction of the Architectural Control Committee.
The Architectural Control Committee shall consist of, initially, the developer and those appointed by him. After the developer has become divested of all interest int he project improvements, and/or real property considered to be a part of this subdivision, he shall upon such occurrence appoint a committee consisting of no less than three property owners who from that time forward shall act in the capacity as set forth below. After a period of 5 years, the committee shall be elected by majority vote of the property owners within the subdivision. Terms for elected committee members shall then not exceed 3 years.
Failure by the Architectural Control Committee to enforce any of the restrictions and covenants herein contained shall, in no event, be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto.
These Restrictions, Covenants, Limitations and Easements shall be deemed to be attached to and shall be considered a part of the plat of Jemian Trace Subdivison as platted in Plat Book 29, Page 1, Elkhart County Recorders, on the 25 day of September, 2002, and upon the recording of these Restrictions, Covenants, Limitations and Easements in the office of the Recorder of Elkhart County, Indiana.
Signed: Focal Point Development, Inc. Jeremy L. Fireline, President and Focal Point Development, Inc. Janeth M. Fireline, Treasurer/Secretary
Dated this 18th dayof December, 2002