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
(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
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.
(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
(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.
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
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.