PRELIMINARY
RESTRICTIONS FOR INDIAN CREEK RETREAT
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INDIAN CREEK ESTATES HOMEOWNER RESTRICTIONS
These restrictions, dated March 18, 2003, herein set forth are to be binding for a
period of ten (10) years from the date these restrictions are recorded after which time
said restrictions shall be automatically extended for successive periods of ten (10) years
unless an instrument signed by eighty (80) per cent of the then owners of the lots has
been recorded, agreeing to change said restrictions in whole or part. The restrictions
encumber a tract of property as set forth and described in a plat known as the Indian
Creek Estates filed in Plat Cabinet D, Slide 55, Pulaski County Clerks Office.
1. All dwellings shall contain at least 900 square feet of floor space, excluding
carports, basements, attached garages, decks and porches. Multi-level dwellings shall
contain at least 700 square feet of heated floor space on the main ground level and a
total of at least 1200 square feet of heated floor space including finished basement but
excluding attached garages, decks and porches.
2. All buildings shall be of wood, brick or stone and siding of stucco, vinyl, wood, log, or wood siding. Exposed basement walls must be covered with brick, stone or stucco, if not the same material as used on exterior house walls.
3. Pier-type foundations may be used for porches or decks. No open pier-type foundation for the house may be used unless the lot has a slope that would require an eight-(8) feet or higher support. Houses built on a pier-type foundation must be underpinned with brick, stone, stucco, wood, vinyl, log, or wood siding or lattice.
4. Colors shall be harmonious and compatible with the natural surroundings and adjacent
buildings. No neon or florescent colors may be used.
5. All buildings must be completed within twelve (12) months from the start of
construction. In the event any unit is destroyed by natural or unnatural causes, the same
restrictions apply: The unit must not remain unsightly and must be reconstructed within
twelve (12) months from the date of any such accident, unless the owner elects to remove
all debris and then must restore the lot to its natural appearance. This will be the sole
responsibility of the homeowner.
6. All buildings shall be set back at least twenty (20) feet from the entrance road and
fifteen (15) feet from the adjoining property lines. The above minimums shall not apply to
the U.S. Government line.
7. All lots are to be developed in such a manner that no on-street parking will be
required. Furthermore, no extended on-street parking is allowed.
8. All out buildings shall be constructed of similar material as the residence, and must
be constructed in an inconspicuous manor that would not be objectionable to other
residents. This shall not apply to garages constructed of the same materials as the
residence.
9. All utilities shall be underground from the hook-up pole to the dwelling and
outbuildings unless approval is obtained from developer due to unusual cause.
10. Only a single residence may be constructed on each lot. These are restricted to single
family residences. No commercial activity shall be conducted on premises with the
exception of a professional nature, which would be conducted in the interior of the
residence only, without employees. No signs would be displayed on the premises noting such
activity.
11. All lots are subject to existing public utility easements, incorporated within the
deed of conveyance or established through prior use. No obstructions shall be permitted
inside these easements. Maintenance of easements shall be the responsibility of the lot
owner.
12. No structure of a temporary character i.e. (trailer, tent, mobile home, shack, garage,
barn or other outbuildings) shall be used on any lot at any time as a residence, either
temporarily or permanently.
13. No lot shall be subdivided or its boundary lines changed in any way.
14. After a residence is constructed on a lot, the owner shall plant and maintain a grass
cover for the front, and side yards with the exception of rock bluffs or densely wooded
areas. Such lawn covering shall not exceed ten (12) inches in height at any time. Before a
residence is constructed, the lot owner shall mow at least twice yearly, first time
between June 1 and July 31, and the second time between August 1 and September 31. In the
event the lots are not mowed as provided above the developer shall have the right to
clean, mow and maintain the lot and charge owner accordingly.
15. All septic systems shall conform to any and all local and state regulations.
16. All driveways must contain a minimum of 3" of gravel, blacktop or concrete within
one year after residence is complete. Each lot must be accessible to an adjoining street
with tiles or culverts installed at lot owner's expense. All tiles or culverts must meet
county specifications to provide adequate drainage and water flow. Also, no owner may
block any drainage ditch including but not limited to road ditches, drains between lots,
or natural flow of water down valleys. In the event water flow needs to be altered it
shall require written consent from all affected parties.
17. No woven wire, barbed wire or electric fence shall be erected. All fencing must be of
wood, wrought iron, or masonry construction and be kept in good repair. Any wood or
masonry fence may not be erected in such a way that it restricts any neighbors' view of
the lake. Chain link fencing may be used only for enclosures for dogs and shall be no
larger than 400 square feet and may only be located to the rear of any residence and shall
be subject to the same setback requirements as other structures.
18. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or
other waste shall not be kept except in sanitary containers. All incinerators or other
equipment for the storage or disposal of such material shall be kept in a clean and
sanitary condition, away from the sight of its neighbors.
19. No obnoxious or offensive activity shall be permitted upon any lot, nor shall anything
be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
Also, any motor vehicles or boats not currently licensed shall not be permitted to be
parked on any lot except in a closed garage.
20. No signs shall be permitted with the exception of one professional quality sign, that
is no more than five (5) feet square used to advertise the lot or home on which it is
placed.
21. No satellite dish larger than 18 inches for the reception of television signals may be
used.
22. No roadways or thoroughfares shall be constructed through any lot except with written
permission of developer or by developer or by affirmative vote of greater than 80% of the
lots as set forth on the plat.
23. No livestock shall be permitted on any lot in the subdivision. No animals, insects, or
poultry of any kind shall be raised, bred, or kept on any lot except dogs, cats, and other
household pets which are kept for domestic purposes only. All pets must be kept on a leash
and not allowed to stray on any lot unless under direct control, so as not to create
damage or be a nuisance to other property owners. All houses for residential pets shall be
behind the dwelling house, and shall not be closer than 25 feet to adjoining lots or
street right of ways. No more than a total of four dogs or cats are allowed per lot.
24. A horse stable my be erected for a maximum of 4 horses used for the purpose of a
recreational sport under the restriction that the location of stable must be across the
street from the residence and a minimum of 400 feet from any adjoining residents
anticipated home site.
25. Developer reserves the right to make modifications or changes such as, but not limited
to, drainage, boundary lines, streets, culverts, or tiles on any unsold property. Any
changes to sold property will require owner's consent.
26. Enforcement of these restrictions shall be by proceedings at law or in equity against
any person or persons violating or attempting to violate any restriction either to
restrain violation or to recover damages. These restrictions may be enforced by the
declarant/developer or any successor entity or by the owner of any lot or by any
homeowners association formed by the lot owners.
27. The homeowners association will have the authority to assess its members annually a reserve fund of $200 for the sole purpose of maintaining roads, entrance gates and walls, snow removal and modifications for the sole benefit of its members. This amount may be changed annually by vote of the board of the directors of the homeowners association.
"Each property owner shall be a shareholder of the Indian Creek Owners Association, Inc."28. Lot owners may only remove sufficient trees necessary to construct a house and access driveway or other out buildings without permission and approval
of the developer. The homeowner remains responsible for any earth movement resulting from removal of trees and shall bear the responsibility for soil stabilization if required.29. Invalidation of any one of these restrictions by judgment or court order shall in no way affect any of the other provisions that shall remain in full force and effect.