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<br />Tuesday, November 8th., 1927.
<br />I
<br />the.proceedings closed. The Board now orders said assessment roll delivered to the
<br />Department of Finance.
<br />This being the date set, hearing was had on the assessment rol
<br />for the pavement of Woodside Street from Fellows Street to a point 120 feet west of th
<br />west line of Dale Avenue under Improvement Resolution No.I8I6.
<br />In the above named assessment roll, no remonstrators appeared
<br />and no written remonstrdnne was filed and the Board being fully advised in the premises
<br />finds that the several lots and parcels of land primarily assessed for said improvement
<br />have been benefited in the amounts named on said primary assessment roll. The Board,
<br />therefore, takes final action on said assessment roll, declaring same in all things
<br />ratified, confirmed and approved and the proceedings closed. The Board now orders said
<br />assessment roll delivered to the Department of Finance.
<br />The -Board ap oved a private drive way on Lot 27 Elwood Manor
<br />Addition at 1.645 N. College 6treet owned by Robert Burroughs.
<br />The Board approved and signed the Plat of the First Addition to
<br />the Town of Deamwold Heights with the Following Dedication:
<br />"The annexed plat of the First Addition to the Town of Deaamwol
<br />Heights, in Section Twelve, Township Thirty-eight North, Range Two East, St. Joseph
<br />County, State of Indiana, is a sub -division of the following described property, to -wit:
<br />Beginning at a point on the east side of the Northern Indiana
<br />Railway Company's right of way on the South boundary line of Section Twelve (I2) Town-
<br />ship Thirty-eight (38) North, Range numbered Two East; thence east six hundred twleve
<br />feet to the center of Dixie Hi hvvak; thence north with the center of said hi f
<br />hway
<br />sixteen hundred forty one (64I feet; thence west five hundred eighty seven 587) feet
<br />to the east side of said railway companys rigt of way; thence south along said right
<br />of way sixteen hundred forty-one feet to the place of beginning; containing twentytwo
<br />and five tenths acres, (22.0), more or less.
<br />The plat contains eighty-seven lots numbered from one to eighty,
<br />seven inclusive. The size of the lots and the width of the streets are marked on the
<br />plat in feet and fractions thereof.
<br />The.str.eets and alleys are hereby dedicated to the public
<br />for the use of the public as public thoroughfares.
<br />A strip of land seven feet in width taken off of and frorp the
<br />rear end of each lot for an easement to be used by public utilities in the construction
<br />and maintenance thereon of pipe and pile lines and other channels of communicating
<br />their product to users in said subdivision is reserved and said strip is dedic aced for
<br />that purpose, but the dedication constitutes only a use easement, and the right to use
<br />said seven -foot strip by the abutters shall not be annulled and ohly abrogated inso4far
<br />as the superior right of maintaining said utility channels is inconsistent with such
<br />private user.
<br />In order to protect, preserve and enhance the _value and use
<br />and benefit of the real estate above described and the plat into which it is subdivided
<br />there are created certain use and building restrictions on .the several lots of said
<br />subdivision as follows:
<br />and tent no restrictions, On lots one, tow, three, four, five, six, seven, eight, nine
<br />Lots eleven to twenty-eight, both inclusive, being eighteen lot,
<br />shall be and restricted to family residence purposes, and no dwelling house shall be
<br />erected on any of said lots of a cost or construction Value less than fourthousand (40001
<br />DOLLARS. The front facade of all buildings to be erected upon any of said last deigned i
<br />lots shall be set back from the front of the lot line at least fifty feet. By "Facade"
<br />is not meant open or enclosed porches not higher from the base to top than fifteen feet.,!
<br />On lot -twenty nine there shall be restrictions.
<br />On lots thirty to fifty-eight, inclusive, and lots sixty-four
<br />to eighty-seven inclusive, being altogether fifty-three lots, the following restrictions',
<br />shall obtain; No dwelling house shall be er.tcted on any of said last deigned lots of
<br />a cost or construction value of less than three thousand (3000.00) dollars. The front
<br />or facade of all buildings to be erected upon any of said last named deigmdted lots
<br />shall be set .back from the front of the lot line at least forty feet. By "Facade" is n01
<br />meant open or enclosed porches not higher from the base to top than fifteen feet. None
<br />of the dwellings shall at any time be occupied by any person for residential or living
<br />purposes if such person be of any otjer than the Caucasuan race. This last mentioned
<br />restriction shall apply and appertain to every lot in said sub -division.
<br />It is further stipulated that the res-_riction hereinbefore
<br />fixed shall be binding uphn all persons now possessing or here after acquiting any
<br />property rights to any of said lotst whether directly from the parties hereto, or by
<br />me.sne conveyances.~ The remedy of any persons aggrieved shall be in monetary damages
<br />and injunctive relief, and shall not operate as any forfeiture of title for such breach
<br />or affect nona fide encumbrances on said property.
<br />In witness
<br />F,Dra�augh,. have heremnto set their
<br />whereof,
<br />hands and
<br />the owners,
<br />seals this
<br />Andrew S.
<br />7th., day
<br />Doniniczak
<br />of November,
<br />and C. A.
<br />I927.
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