HomeMy WebLinkAbout#381- Deed; Churchill, Cavanaugh, Gartner - dedication of Coquillard woods add, sec 1�` �� � �il� 1 it p
DEDICAT101',l OF SECTK)[',! "I"
IN COO UILLARDWOO EX5 ADDITION
TO THE CtTy (OF SOUR, UNM ST. JOSEPH INDIANA
'ILI LCM-11r-f .1
The onnexed drawing, is a picit of Secr;�),n A" in CoqvIllard Woods Addition to tea if of,
South Ben(;i, St. Joseph County, Indiana and c=p0ses ttv following described tract OF t'o'ntkn,'to it:
Beginnino at a pc)int I Q z ove I tenths (268.711jjqaqqy
and Fifty-six and fifty�,even hundredths (56.57) feet sau%wust of �50`ciion 6 9t
1"ovinship 37qA R 3 E, %we wmt *I wuK iine of clustzAnce of exie d4ousinj
on Churxlre,'J oi[jhtyfive (i, H15) Feet, thance soudi eastedy as diztance of throo
sixtrAve ond four lwthm (,3654) fee, thonce vwnt a dhMnce of we hmdmd My and
six, -four WAWA (130.64) feet, thence scwth emody a d%mo oF we ZAK sixty-
seven oid etahty-Rve hun&edqm (167.05) Feet to north Hno of<JIVI'Chshill Dr'ove, thence
s 0jth (,'A OF FiRy-five and Fift,,r-one hundredths (55.51) Feet to contc�'r of
Q,-'cunpeau Street, thence, 50% eastedy ai the conter We of (Napeau Street a dWame of
two hundned on amli`orty-wUht hundredAs (210-48) feet, thence north sixty-eight deerees
(600) thoay-uthre* minutes OT) east a distance of i-wo hundred seventy-seven and ei�ghty-Sax
hundredtin (277.86) Feet,, thence north seventy-ri've deorees, (75C3) five as (V) east to
distance W Nwee hundred thiri'y (330) foot; thence north seventy-one dogrees (710) fifty-nine
itninute(59') euct a distame oFfIfty-two and fiheen hundredths (52.1) feet; thence north
shtrtwo degraes (620), flo-Tirtyone, nimutes VI I ewt a ci'Mance of nanety-eight cnnd Four
renihs (98.4) feet; thence nalh Filly-andegrees („ O) sixteen Mwms 061 east a distance
of sewenty-nine ,'ind few twAs V94 Cu t, flhcn-¢ce north fortlr-sirz rlpegreas (4(6") dxmw
"anuter, (16', cost an dismnce of t%venty-five, arid twalvo htmdredths (25,12) feet; thance
norfli fifty-three degrees (530) FiRy Mo mhms 021 eml, a distance of seventy-five and
and""
a �Aiici 66 df"f riiriet
(4)0.56) feet to Place of
Tho plat cnnmins (4113) lot"', riurri[x;,red froin 465 to 512 inclusive.
The she of fl'se, lots and iha,, vAdAs of be shwa and Wity CUsa'"Ienis are marked on the pkit in
feet and decimals of feet thereof.
Me mets are hereby Wcated to Wo puL&lc For eases as puf'Alc hig�'•mnjys orfly.
The: amements are reserved for fl'ie exclusive uae by pubilc utilities.
PQ WUNW, THMEFC)RE, A%, Harok; Weber, inc., beirug owner of the fore-goin@
real wtam, has coned thh dedication to be signed by its Prt,�,,iidera, A. i'iarold Weber, its s&-jj r�jffjxel
and aneam! by W Secruiary, Hazel AA. Arver, ii)is day OF 19
A. 1/1AF,,'0LD VVEBE[1, fl',4C.
ATTEST.
l 0 a r Y
ecre
STAT- �"F R4DIANA
�"" 'm +ry '\1
C(Dt.R',,ITY OF ST. JOSEPH
Wme me, to Wardowd Nowry PuW!c in and W said COurltY C]nd, ")iOte, CWIUD"
'*ehar ' and Hazal IA. Arvw, known by me A be the Frosident and '5ecrekay respsmuvely c>f/N_ Hcproid
'i'Vebor, ln,;., and' ucknordedge to executirin of the fosegotrlfj,,
VATNESS nq hand and smi Hih clay of c�ar.19
My corranissW'l Eqwros'
tM+
additionI . All lots In said d mod
or occupiedfor other than ' 1 . eone family e^I +F<MN n 49purposesand obuilding,
other MY:. M detached
dwelling house obe usedexclusively as,AN?single family maybe constructed
¢m !Rused exclusivelvidomestic%ML!nnses conforming indesign and construction
with the residence may be constructed thereon and if the said garages are detached from the residence
constructed on the lot, each of thorn shall be located only on such portion of the lot as shall 60 first op -
proved by A. Harold Weber, Inc., its successors and assigns.
2. No dwelling house costing less than $12,ODO.00 may be constructed on Lots Nurn6ered
465 to 512 inclusive In ;aid Addition.
30 Not more than one residence, shall be constructed an any one lot and a lot shall mean a lot
as now platted or the ownership of parts of two adjorning lots, Hie total width of which at the front lot
'. shallnot be less than thel'.line of either the lots1,9',now platted.
4. Any dwelling constructed in this addition shall have a ground floor square foot area of the
imain onestory open 1 porches and garages, aleast a square +" feet 'IYv
case GPM one-story ' e and
feet BEM a one and one-half,
buildingsor two and one-half story structure -
5. All placed on said lots In such manneras will comply
ly the
building set back lines indicated on, saidplot and, "'building shall be placed nearerX iK. feet
:
Includes-4romItheside lot lines where no setback line is indicated an said plot. The'side,building line
all parts orprojections K. housessuchas
porches,baywindows, and'Gld like, oP,.
+Ywhich shall iw'nearerthan i thedistance indicated.
. No building shall be erected, placed, or altered on any plat in this sub -division until the
building plans, specifications, and that plot plan sharing the location of such building, hayae been cep -
proved in writing as to conformity sand harmony of external dossign with dating struc;tur in the sub-
division and as to location of the building with respect to topography and finished ground elevation,
p either X. Harold a or his duty designated representative- in the event said fma -going persons
or their designated representative, falls to approve or disapprove such design or location 'wlthin thirty (3
days after sold plans and specifications have been submitted to it or, in any savant, if no await to onjoin tl
erection of such building or the making of such alterations has be c raced prior to the completion
thereof, such approval will not be required and this Covenant will be dsem d to have been,fully compli
with. Neither the corporotionpsor its designated representative shall be entitled to isny,cornpensatloh f
sorvices performed pursuant to this Covenant,
ad
or
111111 _
�1
o has
, woods, nemis ace or unsightly object or objects shall be permitted or suffered
to rernaain said premises nor steal l the promises mises be used in any away, or for any purpose, that mo
endanger the health or unreasonably disturb the quiet of any holder of adjoining land. y
poultry, hogs, or cattle shall be lmoamseal on or aalaout any to?. 1 n No live
or maaolratmalned on easy lot in said subdivision m;nlasss the Mans and specifications forsuch fonae r fences shall be hard
fences shall fim t be submitted to A. i'am ld '�"ebare Inc., its successors and assigns and approvei
thereof obtaainod in writing for the construction of said fence or fences; but this is not to be con-,
strued to prohibit the planting or Maintenance of hedges, shrubbery, or trees. i io noaaious'er
Offensive trade or activlt shall be
vsi°sich may be or b0comrae an anm�moyance carried
nuirs€ance to the neia hborhood nor shall anything be done there011
S. No trailer, b aseawnt., tent, shack, or garage, barn, or other out -building erected I in the
tract shall be at any timame used as as residence temamporarily or permanently, nor shall any structure of
a temporary nature lee used as a residence. This Covenant, however, shall not be construed to
prohibit the erection of a temporary field office, to be used by the developers or builders in the
development of said sub -division.
9. por the Purpose of securing conformity of plan and to avoid conflicting levels of lots and
Olevotions of build'incgs, the right to establish grade lines for lots and the heights of foundations and
elevations of buildings WE if be reserved by A. Harold Weber, Inc., 'its successors and assigns.
10. Cho billboard or advertising sign shall be erected or maintained anywhere upon said
property or in the windows or doors of the building, except such as may be placed temporaril y on
said property by A. Harold Weber, Inc., its agents or nominees for the purpose of promoting the°,sole
of lots in said sub -division.
I I . A. Harold Weber, Inc., reserves to itself, its successors, and assigns, an easomTment`to�
enter upon and construct and maintain a line of power line, telephone wires, overhead or cona�uit,
sewer and other utilities incidental and beneficial to the lots in said sub -division, in a strip of l4nd
fiver (5) feet in width, forming the rear five (5) feet of all the lots heroin described, except certain ,
variation as shown on the recorded plot.
A
12. The herein enumerated restrictions, rights,, reservations, limitations, ogpeements, covers irtts
and conditions shall be deemed as covenants and not as conditions thereof, and shall run with she land
for a period of twenty-five (2) years from June 1, 1956 and shall automatically be continued there- C
aafter for successive porlocis of ten (10) years each, provided that the owners of the fee simple title to
a majority of the lots in this sub -division that are restricted, or which may hereinafter be restricted
p in a manner similar to those restricted by this Instrument, may release all of the land hereby restricted
from one or more of sold restrictions at the and of the first twenty-five (25) year period, or amvy
successive ten (10) year period thereafter by executing and acknowledging on appropriate ogrea!rmQnt
M.: In writing for such purposes and filing the some record in the officer of the Recorder in St. Joseph,
County, Indiana, at least one (1) year prior to the expiration of the first my -five (25) year p i rlod
m or any ten 00) year period thereafter. Invalidation of any one of these restrictions by judgemamonf,or
court order shall in no wise affect any of the other provisions which shall remain in full Force and'.effect
13. The restrictions, rights, reservations, limitations, agreements, covenants and conditions",
may be enforced iffy tine owner, or owrr em, of any lot or m.ata, Iry sold sub-divtst "n' any one, or more o
whom, his or their legal representatives, successors or assigns, shall have the right to sue fear nand obtain
an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the
restrictions, rights, reservations, limitations, agreements, covenants and conditions, above set forth in
addition to the ordinary legal action for damages, and the failure of any owner or owners, of any lot or
lasts, in said sub -division to enforce any of the said restrictions, rights, reservations, limitations,
agreements, covenants and conditions herein set forth, at the time of the violation, shall In no 'event
be a waiver of the right to do so thereafter.
IN WITNESS WHEREOF, A. Marold ''Wefhe°, Inc {°rasp by order of Its Roard of Directors,
Cowed this indenture to be signed y its President, its seat affixed and attested day its Secretary,
this day of wQ i 6, .
A. FIAROLD WEBER, INC.
�y P
BY:t..a..,»,,.„,�
President
�r ' !i' l
0�'
cretary
STATE OF BNIak6 j
Before arras, than undersirjned, a Notary Public in and for said county and strata, came A. Harold
Weber and Hazel Arver, personally known by me to be the President and Secretary, respectively of
A. Harold Weber, Inc., and acknowledged than execution of ifae foregoing.
WITNESS Y HAND AND NOTARIAL L SEAL, this 7
day of ���-'` , 19 .�
my comMCZ"�On 2`"acrgL' ;:, ,Yasra, 9 " 49� Notary Pt+ fic
y CommissionExpires: