Each record plat submitted to the Plan Commission for approval shall carry a certification and dedication in substantially the following form:
We the undersigned (Names), owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, and hereby lay off, plat and subdivide, said real estate in accordance with the within plat. We do further certify that this plat is made and submitted with our free consent and desires. This subdivision shall be known and designated as (Name). (Section, if applicable), a subdivision of the Town of Trafalgar, ___________Township, Johnson County, State of Indiana. All streets, alleys and public open spaces shown and not heretofore dedicated, are hereby dedicated to the public. Front yard building setback lines are hereby established as shown on this plat, between which lines and the property (right-of-way) lines of the street, there shall be erected or maintained no building or structure.
A perpetual easement is hereby granted to any private or public utility or municipal department, their successors and assigns, within the area shown on the plat and marked "Utility Easement" or “Drainage and Utility Easement,” to install, lay, construct, renew, operate, maintain and remove conduits, cables, pipes, poles and wires, overhead and underground, with all necessary braces, guys, anchors and other equipment for the purpose of serving the subdivision and other property with telecommunication, electric, gas, sanitary sewer, storm sewer, and water service as a part of the respective utility systems (subject to the prior rights of the public therein or other governing codes and ordinances); also is granted (subject to the prior rights of the public
therein or other governing codes and ordinances) the right to use the streets and lots with aerial service wires to serve adjacent lots and street lights, the right to cut down and remove or trim and keep trimmed any trees or shrubs that interfere or threaten to interfere with any of the said private or public utility equipment, and the right is hereby granted to enter upon the lots at all times for all of the purposes aforesaid. No permanent structures, fences or trees shall be placed on said area as shown on the plat and marked “Utility Easement” or “Drainage and Utility Easement,” but the same may be used for gardens, shrubs, landscaping and other purposes that do not then or later interfere with the aforesaid use or the rights herein granted. The easement area of each lot and all improvements thereon shall be maintained continuously by the owner of the lots, except for those improvements for which a public authority or utility is responsible.
In the event Drainage Property (hereinafter defined) of the subdivision is not maintained, in addition to all other rights, the Town of Trafalgar shall have the right, privilege, and authority to maintain and repair drainage easements within the Subdivision, including without limitation any retention pond, and all appurtenant structures and uses (together the “Drainage Property”), without prior notice, at the expense of the applicable lot Owners Association and the Developer, including attorneys’ fees arising therefrom, (Developer shall only be liable for such expense incurred prior to Developer’s turnover of the Owners Association to the members of the Owners Association), jointly and severally, should the Declarant or the Owners Association fail to maintain the Drainage Property; provided, however, the Town shall have no obligation to maintain the Drainage Property.
No fence, wall, structure, hedge, tree, shrub planting, or other object that obstructs sight lines and elevations between two and one-half and eight feet above the street shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines and a line connecting points 35 feet from the intersection of said street lines, or in the case of a rounded property corner, from the intersection of the street right-of-way lines extended. The same sight line limitations shall apply to any area within ten feet of the intersection of a street right-of-way line with the edge of any driveway pavement or alley line.
No portion of a private driveway for a comer lot shall be permitted on dedicated rights-of-way within 65 feet of the centerline intersections of streets adjacent to the corner lot.
No fence, hedge, tree, or shrub planting which obstructs sight lines and elevations between two and one-half and eight feet above the street shall be placed within any median area within 100 feet of an intersection.
No trees shall be planted in any portion of a public street right-of-way within 150 feet of a stop sign.
No walls, rocks or boulders larger than two feet in any dimension shall be placed in any public right-of-way or median.
The foregoing covenants and restrictions shall permanently run with the land and shall be binding on all parties and all persons claiming under them, and shall not be modified except upon written approval by the Trafalgar Plan Commission and the Trafalgar Town Council.
(Additional dedications and protective covenants, or private restrictions would be inserted here upon the Applicant’s initiative or the requirement of the Plan Commission.)
Invalidation of any one of the foregoing covenants and restrictions by judgment or court order shall in no way affect any of the other covenants and restrictions, which shall remain in full force and effect. The right to enforce these provisions by injunction, together with the right to cause the removal, by due process of law, of any structure or part thereof erected, or maintained in violation hereof, is hereby dedicated to the public, and reserved to the several owners of the several lots in this subdivision and to their hens and assigns.
_______________________________
Witness our Hands and Seals this day of , 20 .
_______________________________
(Applicant Signature)
_______________________________
(Applicant Signature)
_______________________________
(Applicant Signature)
State of Indiana )
SS: )
County of Johnson )
Before me the undersigned Notary Public, in and for the County and State, personally appeared (Name), (Name), (Name), and each separately and severally acknowledge the execution of the foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed.
Witness my hand and notarial seal this __________ day of __________, 20____.
My commission expires:
_______________________________
(Signature)
_______________________________ _______________________________
County of residence: (Printed)
(Ord. 2018-003, passed 4-29-2018) Penalty, see § 153.99