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<br />Tuesday, august 6th., 1929.
<br />i
<br />GRANT OF EASVF7T11TS AND BUILDING RESTRICTION RESERVATION. - - -
<br />KNOW ALL 1 N BY TTESE PRESENTS: That for and in consideration of the mutual
<br />advantages ,to accrue to the undersigned, Richard E. Gardner and Josephine Garnder, h:
<br />husband and wife, of St. Joseph County, State of Indiana, owners of the real estate
<br />hereinafter described, hereinafter called the "grantors", atta of .all persons directly;!
<br />or indirectly becoming siezed of any of the 16ts hereinafter described, from the
<br />grantors or their heirs or assigns, the grantors do hereby pronounce, effect, and
<br />establish upon the said realestate, situate in `'t. Joseph 'ounty, ,Indiana, the
<br />following defined restrictions, prohibition, and easements oter, upon and in relation';
<br />to
<br />All that piece or parcel of land and all lots and parcels embrace within the
<br />same, situate in the West half of' the.west half of the northwest quarter of Section Tvy
<br />Twelve, Township Thirty eight north, Range Two east, beginning at a stone sitting
<br />in the centrs bf Dixie Highway, also known and designated as U. S. Highway No.3I, at
<br />the boundary line between the state of Indiana and Mchigan, thence south to the
<br />centre of a public highway known as Ereamwold Street, thence west in the center of
<br />said Dreamwold Street to the right of way of the Southern R'ichigan Railroad Company
<br />electric line; thence North along the east line of said right of way to a point
<br />opposite and directly west of the point of beginning, thence east to the point of
<br />beginning, along>'said State boundary line; which said real estate has been surveyed and
<br />platted under a plat designated as Town of Mich-Indan, and which plat it is intended sha
<br />shall go of record and the restrictions, prohibitions and easements herein contained
<br />shall be effective when, as and if the To of Tich-Inda, Plat goes on record in
<br />the office of the Recorder of St. Joseph ounty, Indiana.
<br />The restrictions, prohibitions, and easements are as follows;
<br />I. No piece or parcel of said real, estate shall ever be sold, leased or
<br />assigned to, or occupied for residence purposes by any person not a member of the
<br />Caucasian race.
<br />2. Lotd numbered consecutively from 14 to 2I, both inclusive, lots I, 2, 3,
<br />and 93; lots numbered consecutively from 40 to 47, noth inclusive, lots 82 and 92,
<br />numbered consecutively, both inclusive, shall be unrestricted as to use, set -back or
<br />side yard,
<br />3. Lots numbered consecutively from 22 to 37, both inclusive, and constitut
<br />ing a block; lots numbered consecutively from 48 to 63, both inclusive, constituting
<br />another block; and lots numbered consecutively from 64 to 79, both inclusive, eonstitu
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<br />ting a third block, are restricted to use for residential purposes. However, after
<br />a period of five years from this date, the restriction and prohibitions with referenc4
<br />to use for residential purposes, may be released as to all of said several three
<br />blocks, if a majority of the owners of any of one of the said blocks subscribe a
<br />petition directed to any court of record having jurisdition to declare the said
<br />restriction at an end as to such several blocks; and provided further that such
<br />attempted release of restriction shall hot be inconsistent with any lawful zoning r-r-:"`"',
<br />ordinance or regularion then in force in relation to the real estate emtrraced in said
<br />petition.
<br />4. No residence shall be construction upon any of such real estate so re-
<br />stricted for residential purposes and front facade where of or any foundation whereof
<br />shall be nearer than thirty feet from the street line next adjacent thereto.
<br />5. No residence shall be constructed containing less than four rooms nor
<br />unless all water and toilet facilities are constructed, erected and maintained within
<br />the foundation alls of such residence.
<br />is
<br />6. No residence shall be constructed, the roof or foundation walls whereof
<br />are dis+ant from the lot side lines less than three feet except as to lots hereinabovei
<br />exempted from such provision.
<br />7. No busines or industrial building shall be constructed or maintained upon
<br />any of such real estate, i1cluding property not restricted for residence purposes,
<br />unless the water and toilet facilities are established and maintained within the
<br />foundation walls of such huilding.
<br />8. There shall be assigned as cartilage to each dwelling house constructed
<br />upon such premises restricted to residential purposes, a frontage of not less than
<br />thirty-eight feet and a depth of not less than one hundred forty three feet, and not
<br />more than one dwelling house and such apprutenant buildings to reasonable conventLenee
<br />the occupants thereof shall be constructed within and area of less than fifty-four
<br />hundred square feet of cartilage. The outside covering miterial, except roof of all
<br />buildings and figopurtenant buildings ( whether business or residential) shall be
<br />finished of wood, siding , shingles, stone, cement, brick or stucco, or any combina-
<br />tion of such materials, and no old buildings or part thereof shall be moved upon or
<br />incorporated in the building or buildings constructed on any of said property.
<br />9There is reserved an ease4ient right to use a strip of land five feet in width
<br />along the rear of each lot to be used by public utilities in constructing thereon
<br />subterranean pipe or pole lines and the grantors reserve the right to determine what
<br />public utilities shall avail themselves of this easement.
<br />I0. If any zoning ordinance of a city or incorporated t9wn shall befiome
<br />effective on the plat, then such zoning ordinance shall supersede the restrictions
<br />herein contained in so far as these restrictions and prohibreitions are inconsistent
<br />wittt the provisons_of such ,zoning ordinance. All of the strictions, prohibitions
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