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 Clerk’s 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 resident’s 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.

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