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Covenants


PHASES OF UNIVERSITY FARM

Find your street or address to learn your construction phase. The precise wording of the covenants that apply to your lot depends upon your phase.

Phase I

  • Benton Street
  • Decatur Street
  • Floyd Court
  • Hamilton Street from Soldier's Home Road to Jennings Street (200 Hamilton to 3135 Hamilton)
  • Jennings Street and Jennings Court
  • Newton Court
  • Ripley Court
  • Shelby Court
  • Sullivan Street

Phase III

  • Clay Court
  • Elkhart Street
  • Jasper Street
  • Steuben Court
  • Whitley Court

Phase IV part 1

  • 3203, 3208, 3211, and 3216 Hamilton Street
  • LaGrange Street from Jasper Street to Hamilton Street (316 LaGrange to 497 LaGrange)

Phase IV part 2

  • Boone Street
  • Hamilton Street from LaGrange Street to Putnam Street (3309 Hamilton to 3516 Hamilton)
  • LaGrange Street from Hamilton Street to Putnam Street (501 LaGrange to 600 LaGrange)
  • Morgan Street Putnam Street

Phase VI part 1

  • LaGrange Street from Putnam Street to Salisbury Street (605 LaGrange to 921 LaGrange)
  • Vigo Court

Phase VI part 2

  • 3108 to 3137 Covington Street
  • 3145 Covington Street
  • 3210, 3218, and 3226 Crawford Street
  • Noble Court

Phase VI part 3

  • 3153, 3205, 3213, 3221, 3305 Covington Street
  • 3140, 3200,3208 Covington Street
  • 3237,3245,3311,3306, 3250,3242, 3234 Crawford Street
  • Pike Street
  • Warrick Street

UNIVERSITY FARM SUBDIVISION
PROTECTIVE COVENANTS

PART A. PREAMBLE

Purdue Research Foundation, an Indiana Corporation, being the owner of all the real estate in University Farm Subdivision, Phase IV Part 3, an addition to the City of West Lafayette and Wabash Township, Tippecanoe County, Indiana, does hereby dedicate forever for public use all the streets and ways shown on said plat.

The lots designated on the plat of this subdivision, and the use thereof, shall be subject to the following covenants, restrictions, and conditions, to-wit:

PART B. AREA OF APPLICATION

B-1. FULLY -PROTECTED RESIDENTIAL AREA. The residential area covenants in Part C in their entirety shall apply to all lots in University Farm Subdivision, except that the Park Lots herinafter identified may also be used for park purposes.

[Phase IV part 1] B-2. PARK LOTS. Lots 257,258 and 259 are reserved for use as Public Park for a minimum of five (5) years, during which the City of West Lafayette Park Board has reserved an option to purchase said lots. If the City of West Lafayette Park Board does not exercise said option, then upon expiration of said five (5) year period the lots will revert to residential use only and re subject to the residential area covenants in Part C hereof.

[Phase IV part 2] B-2. PARK LOTS. Lots 260 and 261 may also re used for park purposes. Outlots "A" (4.91 Ac), "B" (0.47 Ac), and "C" (2.78 Ac) may also re used for park purposes and for storm water management purposes.

PART C. RESIDENTIAL AREA COVENANTS

C-1. LAND USE AND BUILDING TYPE. Except as provided above, all lots in University Farm Subdivision shall be deemed residential lots. No building shall re erected, altered, placed, permitted or maintained rn any building plot other than one single-family residential dwelling not to exceed two stories in height, and no building or any building plot shall be used or occupied for any purpose other than use and occupancy as a single-family residential dwelling; provided, however, that there may be erected and maintained on any building plot in the Subdivision, one private garage in addition to one single-family residential dwelling.

C-2. BUILDING PLOT. A building plot may include portions of two or more platted lots, but 00 building shall be erected on or within any building plot if the area of the building plot is less than the area of the platted lot which constitutes the major portion of such building plot. The area of a building plot on or within which a building has been erected shall not thereafter re reduced if by so doing (a) the area of the reduced building plot would be less than the area of the platted lot constituting the major portion of the reduced building plot, or (b) any existing building would then re located nearer to the side or rear lines of the reduced building plot than the distance permitted by these restrictions and by the existing appplicable zoning ordinance, if any.

C-3. ARCHITECTURAL CONTROL. No building, wall, fence or other structure shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality for workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. Approval shall be as provided in Part D.

C-4. DWELLING SIZE. No one-story dwelling having a ground floor area of less than 1,200 square feet, and no other dwelling having a ground floor area of less than 900 square feet, in each case exclusive of the area of garage and one-story porches, shall be erected in the Subdivision. The ground floor area shall be measured by the exterior dimensions for the purpose of these restrictions.

C-5. BUILDING LOCATION. No building shall be located on any lot nearer to the front lot line or nearer to the side street than the minimum building setback lines shown on the recorded plat. On interior lots, the sum of the side yard widths shall be not less than 20 percent of the width of the lot/measured at the front minimum building line with a minimum width of 6 feet [5 feet in Phase I] for either side yard) No dwelling shall be located on any lot nearer than 25 feet [15 feet in Phase I] to the rear lot line' [Phase III -On lot 233, the lot line adjoining Jasper Street shall be considered the front lot line.]

C-6. LOT AREA AND WIDTH. No dwelling shall be erected or placed on any lot having a width of less than 75 feet at the minimum building setback line, nor shall any dwelling be erected or placed on any lot having an area of less than 9,000 squaqe feet [8000 sq. ft. in Phase I].

C-7. EASEMENTS. Easements for installation, use and maintenance of facilities required by public utilities [here the words, "and for drainage" appear in the Phase IV and Phase VI covenants] are reserved as shown on the plat. Such easements shall remain at all times subject to such use. No building or other structure shall be erected or maintained on any such easement. [Fencing and shrubbery will be subject to removal by the utility and replacement at the owner's expense -Phases IV & VI]

C-8. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

C-9. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding, shall be used 00 any lot a any time as a residence, either temporarily or permanently.

C-10. ANIMALS. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose.

C-11. DRAINAGE. All site preparation and construction must be done in strict conformance with the Site Grading Plan on file in the Office of the West Lafayette City Engineer. Nothing (including fences) shall be built, constructed, or permitted to remain on any drainage way which interferes with the effective drainage of the area. No roof drain or footing drain shall be connected to any sanitary sewer. This provision may be enforced by action in equity by the West Lafayette City Engineer as well as by other owners as provided herein.

No structure which includes a basement shall be erected unless and until plans for a sub-surface drainage system for the structure have been approved by the Office of the West Lafayette City Engineer at the time of issuance of the Improvement Location Permit (building permit).

[All drainage structures and facilities which are not accepted for maintenance by the City of West Lafayette, including, without limitation, swales, ditches, perforated plastic tiles, sump pump discharge lines, roof drains and footing drains, shall be maintained by the owner of the lot upon or under which they are located. -- Phases III, IV & VI They will be maintained so as not to impede the use of such facilities for drainage purposes by adjoining and upstream properties. -- Phases IV & VI]

C-13. STORAGE OF VEHICLES. No trailer, camper, recreational vehicle or boat shall be parked, stored or permitted to remain on any lot or public way open to view from the street or adjoining lots.

C-14. [Phases III, IV & VI] SATELLITE DISHES. No satellite dish or land-based satellite station shall be permitted on any lot unless it is screened from view from the street and other properties to the satisfaction of the Architectural Control Committee.

C-15. [Phases III, IV & VI] MANUFACTURED HOME. No "manufactured home" or modular home shall be constructed in the subdivision.

C-16. ZONING ORDINANCES. The restrictions contained herein shall not be deemed to reduce the requirements set forth in any applicable zoning ordinance. In case any zoning ordinance is more restrictive, such ordinance shall prevail unless a variance is obtained in accordance with it terms.

C-17. [Phases IV & VI] SIGHT SAFETY ZONES. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the adjoining ground elevation at the street right-of-way and the property boundary shall be placed or permitted to remain on any comer lot within a triangle formed by the street rights-of-way and a line connecting points twenty-five (25) feet from the intersection of said rights-of-way (or in the case of rounded rights-of-way, from the projections of said rights-of-way to a corner). These same sight limitations apply to any lot-driveway intersection using a triangle formed by the connection of points ten (10) feet along the lot boundary and ten (10) feet along the side of the driveway. The owner of any trees or other plants located within said sight line areas shall maintain the foliage line of such trees or other plants at a sufficient height to prevent sight line obstructions.

C-18. [Phases IV & VI] FENCING. No fencing will be erected in the front yard beyond the front building line of the principal building greater than 3 feet in height. When a house is located on a corner lot, no fence will be erected in front of the platted minimum building line.

[Phase VI] No fence may be erected or maintained on any lot in the Subdivision within thirty (30) feet of the right-of-way of Salisbury Street as shown on the final plat.

For purposes of fencing, lots numbered 428, 513, 514, 515, 516, 517,518, 519, 520, and 521 shall be deemed to front on Covington Street and not on Salisbury Street.

NO ACCESS. [Phase I] Lots numbered 1 and 20 shall have no vehicular access direct to Cumberland Avenue. Lot 1 shall have access only onto Benton Street and Lot 20 shall have access only onto Ripley Court. [Phase III] Lots numbered 240 through 245 shall have no driveway or vehicular access direct to County Road 350 North. Lot 240 shall have access only onto Lagrange Street.

[Phase IV parts 1 & 2] Lots numbered 246 and 247 shall have no driveway or vehicular access direct toKalberer Road (County Road 350 North). Lots numbered 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282 and all of Outlot "A" except as shown on the final plat shall have no driveway or vehicular access direct toKalberer Road (County Road 350 North). This restriction may be enforced by theTippecanoe County Area Plan Commission and may not be revoked by any lot owner. Lots numbered 247, 248, 249, 250, 251, 252, 253, 254, 255, 256 and (257, 258, and 259 if not purchased by West Lafayette Park Board) will have no private walking or vehicular gates into the designated park area platted in University Farm Subdivision Phase IV , Part I to be known as Outlot "A".

Lots numbered 262, 263, 264, 265, 266,2 67, 268, 269, 270, and 271 will have no private walking or vehicular gates into the designated park area known as Outlot " A ". Lots numbered 305, 289, 304, 303, and 299 will have no private walking or vehicular access gates into the area known as Outlot "B". Lot number 645 will have no private walking or vehicular access gate into Outlot "C".

Public access areas between lots 247 and 248, retween lots 255 and 256, and between lots 270 and 271 are designated on the final plat. These public access will be a part of the park area and will be maintained by the West Lafayette Park Board. Pedestrian traffic through these public access areas will in no way be blocked or impeded by the owners of the adjacent lots.

[Phase VI] Lots numbered 428, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522 and 583 as shown on the final plat shall have no driveway or vehicular accesss direct onto Salisbury Street. This restriction may re enforced by the Tippecanoe County Area Plan Commission and may not be revoked by the lot owners.

[Phase VI Covenants also include the following restrictions and provisions:]

LANDSCAPE AND PLANTING EASEMENTS. Easements for landscaping and planting are reserved as shown on the final plat. Within these easements, the developer may landscape and plant in order to create a pleasing and uniform appearance along Salisbury Street. The developer shall maintain the landscape area until January 1, 1998. The lot owner shall do nothing to interfere with the Landscape area or place anything thereon which is inconsistent with the intended purpose of the landscaping. After January 1, 1998, the landscaping and plantingshall be maintained in a similar fashion by the owner of the lot over which the easement runs.

NON-STANDARD SETBACK LINES. Certain lots in the Subdivision have minimum building lines that exceed the minimum requirements in the applicable zoning ordinance. The front minimum building line for the following lots is as indicated: Lot 540- 40 feet, Lot 546- 30 feet, Lot 563 -35 feet, Lot 564 -50 feet, Lot 565 -40 feet, and Lot 566 -30 feet. Lots 522 and 583 have a reduced minimum building line along Salisbury Street of 43.5 feet pursuant to a variance granted by the Tippecanoe County Area Board of Zoning Appeals on August 25, 1993, in casenumber BZA-1192.

SUBDIVISION SIGN. The developer reserves the right to erect and maintain low profile entrance signs and/ or logos on those portions of Lot 428 and Lot 522 shown on the final plat.

PART D. ARCHITECTURAL CONTROL COMMITTEE

D-l. MEMBERSHIP. The Architectural Control Committee is composed of Daniel I. Pusey, Stanley M. Mithoefer and Thomas R. Schmenk. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. The powers and duties of such committee and of its designated representative shall cease on and after January 1, 2005 [2013 for Phase IV, 2019 for Phase VI]. Thereafter, the approval described herein shall not be required unless prior to said date and effective thereon, a majority of the lot owners in this Subdivision appoint a representative or representatives who shall thereafter exercise the same powers previously exercised by said committee.

D-2. PROCEDURE. The committee's approval or disapproval, as required in these covenants, shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof or within six (6) months after construction is commenced, which ever ocrors later, approval will not be required and the related covenants shall be deemed to have been fully complied with.

The foregoing covenants, restrictions, and conditions shall run with the land and shall be binding on all parties on or claiming any interest in any lot, or part thereof, in said Subdivision and all persons claiming under them until January 1, 2005 [2013 for Phase IV, 2019 for Phase VI], at which time they shall be automatically extended for successive periods of ten years unless by vote of the majority of the then owners of the lots, it is agreed to change or abolish said covenants in whole or in part.

If said parties, or any of them, or their heirs or assigns violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situate in said Subdivision Phase to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate the covenants herein, either to prevent him or them from so doing or to recover damages therefor.

Invalidation of anyone of these covenants by judgment or decree shall in no way affect any of the other provisions, which shall remain in full force and effect.

IN WITNESS WHEREOF, Purdue Research Foundation has caused these protective covenants to be duly executed by its duly authorized officers this 26th day of October, 1992.

PURDUE RESEARCH FOUNDATION
Signed By William D. Griggs,
Secretary and Assist. Treasurer
(original signature on file at PRF)

ATTEST:

Bruce L. Pershing, Assist. Secretary
(original signature on file at PRF)
Before me, the undersigned, a Notary Public in and for said State and County, personally appeared Purdue Research Foundation by William D. Griggs, its Secretary and Assistant Treasurer and Bruce L. Pershing, Assistant Secretary, respectively, and acknowledged execution of the foregoing document.

Witness my hand and notarial seal this 26th day of October, 1992.
Signed By Judith A. Hall, Notary Public
(original signature on file at PRF)

My Commission Expires: July 31,1996
My County of Residence: Tippecanoe

This instrument was prepared by: Erick D. Spykman
Stuart & Branigin -- 801 Life Building -- Lafayette, Indiana 47901

Retyped from Phase IV, part 3 original document. Sept. 29,1994 -kmb
Altered to reflect differences in covenants for the various phases Oct. 13,1998 -mm

Relevant Phone Numbers

City Engineer ..................................775-5130
Purdue Research Foundation .........588-3470