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<br />Declaration of Covenants. Conditions and Restrictions for <br /> <br />~ <br /> <br />Amberwood <br /> <br />The described addition shall be subject to and must meet the following restrictions and conditions and <br />protective covenants which shall run with the land and remain binding on all parties and persons claiming <br />under them until the owners of a majority oflots of this subdivision request a change. All changes, <br />additions to, or additions, or deletions from the covenants shall be submitted to the Town of Mooresville <br />for approval or disapproval. <br /> <br />Should any party hereto, their heirs or assigns violate or attempt to violate any restriction, condition or <br />protective covenant herein, it shall be lawful for any person or persons holding any interest in any lot <br />thereof to prosecute any proceedings at law or in equity against said person or persons violating or <br />attempting to violate said restriction, condition, or protective covenant, either to prevent said person or <br />persons from so doing or to recover damages or other dues for such violations. <br /> <br />Invalidation of any of the restrictions, conditions, or protective covenants by judgment or order of court <br />shall in no way affect any other provision thereof, which shall remain in full force and effect. <br /> <br />Said restrictions, conditions and protective covenants, being a part of said plat, or as follows: <br /> <br />'-' <br /> <br />We, the undersigned, Amberwood, LLC, owner of the real estate shown and described herein, do hereby <br />certifY that we have laid off, platted and re-subdivided, and hereby layoff plat and subdivided real estate in <br />accordance within plat. This subdivision shall be known and designated as the Amberwood, a subdivision <br />to Mooresville, Indiana. All streets and alleys shown and not heretofore dedicated are hereby dedicated to <br />the public. Front yard building setback lines (B.S.L.) hereby shown and established on this plat, between <br />which lines and the property lines of the street, there shall be erected or maintained no building structure. <br />There are strips of ground shown on this plat and marked Public Utility and Drainage Easement (P. U. & <br />D.E.) reserved for the use of public utilities for the installation of water, gas, sewer mains, poles, ducts, <br />lines, wires and storm water drainage, subject at all times to the proper authorities and to the easement <br />herein reserved. No buildings or other structures are to be erected or maintained upon said strips ofland, <br />but corners oflots in this subdivision shall take their titles subject to the rights of the public utilities. These <br />easements are dedicated to the public for the exclusive purpose so stated, and any and all claims for <br />damage to person or property which may arise by reason of such dedication, and the acceptance of this <br />plat, are hereby expressly waived. An owner of a tract subject to a utility easement may relocate such <br />easement only if no utilities are located thereon at all time of relocation and if proper written dedication of <br />easement is delivered to and accepted by the proper agency having jurisdiction with respect to such type of <br />utility or easement use. Lot owners shall be responsible for mowing, trimming and cleaning of all Public <br />Utility and Drainage Easements, swales or ditches reserved for storm water drainage which is located on <br />their property. <br /> <br />1. No lot used residentially shall have more than one (1) duplex residence or one (1) single family <br />residence erected thereon. No tent, shack, barn, camper, or other temporary living facilities, mobile home, <br />commercial trucks or trailers, recreational vehicle or modular home shall be used or erected on any <br />residential lot at any time. That zoning set forth above may be subject to subsequent request for variance <br />-- or special exception. <br /> <br />2. No lot shall be subdivided by the owner or owners for the purposes of creating two (2) or more <br />residential lots. <br /> <br />3. No natural water or drainage course or surface drainage course shall be altered so as to adversely <br />atfect any adjoining lot or lots. The maintenance of waterways across lots shall be at individual owner's <br />expense. <br />t;,,~ r~e.>. <br />4. Lot ownerg shall be responsible for mowing, trimming, and cleaning ofall Public Utility and <br />Drainage easements, swales or ditches reserved for storm water drainage which are located on their <br />property, in addition to the normal landscape of the lot. Decorative ground cover rock in the front and <br />side yard may not exceed ten percent (10%) of the total area of the front and side yard. Lawns must be <br />"-- properly maintained, not to exceed six (6) inches in height. <br /> <br />Pag..: I of2 <br />