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COMBINED, RESTATED AND AMENDED
COVENANTS AND RESTRICTIONS
FOR
GRANDVIEW LAKE
December 8, 2017
All lots in the Grandview Lake Development will be subject to the following covenants and
restrictions:
1. Use of boats and motors and water safety shall be regulated by a majority vote of all
lots owners now owning or who may hereafter own lots fronting on said lake. Each such
lot shall be entitled to one vote.
Covenant 2 of the Combined and Restated Covenants and Restriction for Grandview Lake
amended on December 7, 2015 and corrected on April 29, 2016:
2. All Lots shall be known and described as residential lots. No house trailer, hut, shanty or
other structure shall be erected, placed or be permitted to remain on any such lot
except one single family dwelling and detached accessory structures, such as a private
garage, boat house and other approved out-buildings incidental to residential use. All
dwellings or buildings erected thereon shall be of neat and presentable design and good
workmanship. As of the date of this amendment, no portion of any accessory structure,
such as a garage or other similar detached accessory structures may be used for
residential purposes, whether permanently or temporarily (such as mother-in law or
granny quarters), without the prior written approval of the Board of Directors and
without receiving the proper approval and permits of Bartholomew County. Accessory
structures shall not have a kitchen. For purposes of this provision, the term “single
family” includes the titled Owner(s), the Owner’s spouse or significant other, children,
grandchildren, grandparents, and temporary -guests (including live-in caretakers), and
does not include the representatives, employees, agents, or guests of a corporation,
partnership, or other entity who owns any lot.
3. Ground floor area of the main structure, exclusive of one story, open porches and
garages, shall be not less than nine hundred (900) square feet for a one story dwelling
and not less than seven hundred fifty (750) square feet for a dwelling of more than one
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story and have a construction cost of not less than Ten Thousand ($10,000.00) dollars
based upon cost levels prevailing on the dates these covenants are executed.
4. General housing plans and a bill of materials shall be submitted by the lot owner and
shall have a written approval of the Grandview Lot Owners Association, Inc. (“GLOA”), or
its nominee before construction of any dwelling or outbuilding shall commence. In the
event GLOA or its designated representatives fail to approve or disapprove said plans
within thirty (30) days after complete plans and specifications have been submitted to
it, approval will not be required and the related covenants shall be deemed to have
been fully complied with.
5. All dwellings or buildings erected on any of said lots shall be of a neat and attractive
design and good workmanship conforming in essential details to approved general
house plans.
6. Sewage shall be disposed of by connecting building waste lines to the GLOA sewer
system. Connection of waste lines shall be done in conformance with Indiana State
Board of Health standards and the standards of all other Governmental agencies having
jurisdiction thereof.
7. No domestic animals bred or kept for commercial purposes, poultry, swine, cattle,
horses, sheep, goats, or other livestock, except customary and usual household pets
shall be kept or maintained on any lot or portion thereof.
8. Each lot owner shall be responsible for maintaining his property in a well kept manner
and for cutting weeds and brush, if any, at least once yearly during the period May to
October whether or not a dwelling shall exist on said property.
9. No noxious or offensive trade or activity shall be carried on upon any lot nor shall
anything be done thereon which may be or become an annoyance or nuisance to any
other lot or the neighborhood. No retail trade or commercial business shall be
permitted on any lot except as herein specified.
10. Easements are reserved across each lot for the purposes of providing such utility
services as electricity, telephone, sewage and water. The owners of all lots shall take
title subject to the rights of the public utilities and government agents to said
easements herein granted for ingress and egress to construct and maintain such
utilities.
11. The GLOA, without the consent of the lot owner, shall have the right to enter upon any
lot for the purpose of maintaining roads, roadways and main sewer line that are the
responsibility of the GLOA. The GLOA shall not be held responsible for any damages as a
result thereof, other than to improvements placed thereon by the lot owner. In respect
to improvements including shrubbery placed thereon by the lot owner, the GLOA shall
be liable for any negligent or reckless damage thereto.
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12. All lots fronting on the lake are conveyed subject to the right reserved to overflow said
lots to a depth of the maximum water level of Grandview Lake as determined by the
spillway of the Dam and all parts of said lots covered by the lake shall be subject to an
easement for the use by owners of said lots, their guests, and the guests of the GLOA as
a water way and for boating, fishing, swimming and other recreation purposes and for
pumping water for use on their premises.
13. Acreage fronting on the Lake and extending from the mid-point of the dam thence in a
northerly direction along the shoreline of said Lake for a distance of Two Thousand Six
Hundred (2600) feet, more or less, is reserved for the future use of the Grandview Lot
Owners Association, Inc.
14. Grandview Lot Owners Association, Inc., its assigns or successors, assumes full
responsibility for construction, maintenance and repairs of the dam and spillway and
will defend all claims for damages arising from construction or repair of said dam and
spillway, if any.
15. The public is restricted from use of Grandview Lake, except as guests of residential lot
owners or as guests of Grandview Lot Owners Association, Inc. Grandview Lot Owners
Association, Inc. assumes responsibility and may adopt reasonable rules for
enforcement of this restriction.
16. Each lot owner expressly assumes all risk and responsibility for any accident, injury or
damage to persons or property as to himself or others, in or about the lake or other
common use areas within the Grandview Lake Development and agrees to hold GLOA
harmless from all liability therefrom, except as hereinabove set out.
17. These covenants are to run with the land and are binding on all parties and all persons
claiming under them in perpetuity. Except for Covenant 23 set forth herein these
covenants may be changed, amended or repealed in whole or in part upon an
affirmative vote of a majority of the cumulative lot owners comprising all additions of
the Grandview Lake subdivision that are in good standing. Covenant 23 which controls
building setbacks from roads, property boundaries or the lake for each individual
addition in the Grandview Lake Development, can only be amended by a majority vote
of the lot owners in the specific individual addition which is being changed.
18. If the parties hereto, or any of them or their heirs or assigns, shall violate or attempt to
violate any of the covenants herein, it shall be lawful for GLOA and any other person or
persons owning any real property fronting on said Lake to prosecute any proceedings at
law or in equity against the person or persons violating or attempting to violate any such
covenant, and the party successfully enforcing these covenants shall be entitled to
recover damages, injunctive relief, costs, unpaid dues, assessments, and other costs
incurred as part of the collection process along with reasonable attorney fees for such
enforcement action.
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19. Grandview Lake is dedicated to the use of lot owners fronting on or adjacent to said
lake, to their guests, to Grandview Lot Owners Association, Inc., and the guests of said
corporation.
20. Invalidation of any one of these covenants by Judgement or Court Order shall in no wise
affect any of the other provisions which shall remain in full force and effect. The failure
of the GLOA or any owner to enforce any covenant, rule, or regulation shall in no event
be deemed to be a waiver of the right to do so thereafter upon the occurrence,
recurrence, or continuation of the violation or threatened violation.
21. Ownership, management, control and maintenance of the Grandview Dam, spillway and
associated structures is the responsibility of Grandview Lot Owners Association, Inc. All
of the lots are subject to a certain Declaration of Covenants executed April 2, 1967, and
recorded July 7, 1967, in Miscellaneous Record Book 35, Page 324 in the Office of the
Recorder of Bartholomew County, Indiana, which said Declaration of Covenants
provides, among other things, for the payment of dues and assessments to the
Grandview Lot Owners Association, Inc. Each owner of every lot in this Addition shall by
acceptance of a deed of conveyance to such lot covenant and agree to be a member of
the Grandview Lot Owners Association, Inc., an Indiana not-for-profit corporation, and
to pay all dues and assessment thereof in accordance with its Articles of Incorporation,
By-Laws and the foregoing Declaration of Covenants.
22. All private drives crossing public road side ditches shall have 12 inch culverts in said road
side ditches. No structure shall be built nor shall any grading be done in such a manner
as to block the natural drainage of any lot or parcel of ground except that the owner of a
lot may reroute the natural drainage of his lot so long as it is not detrimental to his
neighbor either upstream or downstream. Drainage use of easements is specifically
authorized.
Covenant 23 of the Combined and Restated Covenants and Restriction for Grandview Lake
amended on December 8, 2017 (6th, 7th & 8th Additions only):
23. Setbacks for each individual addition within the Grandview Lake Development are as
follows:
Town of Grandview Dwelling shall set back forty (40) feet from the center line of
platted roads and homes may not extend closer than twelve (12) feet to common
property lines. Dwellings shall not be built on portions of lots which are less than
seventy-five (75) feet wide.
First Addition Dwelling shall set back forty (40) feet from the center line of platted
roads, and homes may not extend closer than twelve (12) feet to common property
lines. Dwellings shall not be built on portions of lots which are less than seventy-five
(75) feet wide.
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Second Addition Dwellings shall set back forty (40) feet from center line of platted
roads and homes may not extend closer than twelve (12) feet to a common property
line. Dwellings shall not be built on portions of lots which are less than sixty-five (65)
feet wide.
Third Addition Dwellings shall set back forty (40) feet from the center line of platted
roads, and homes may not extend closer than twelve (12) feet to a common property
line. Dwellings shall not be built on portions of lots which are less than sixty-five (65)
feet wide.
Fourth Addition Dwellings shall set back forty (40) feet from center line of platted
roads and homes may not extend closer than twelve (12) feet to a common property
line. Dwellings shall not be built on portions of lots which are less than sixty-five (65)
feet wide.
Fifth Addition Dwellings shall set back forty (40) feet from center line of platted roads
and homes may not extend closer than twelve (12) feet to a common property line.
Dwellings shall not be built on portions of lots which are less than sixty-five (65) feet
wide.
Sixth Addition Dwellings or buildings shall set back from the roads in accordance with
setback lines as shown on the recorded plat. Dwellings shall set back from a common
property line a minimum of twelve (12) feet. All other accessory buildings shall be set
back from a common property line a minimum of five (5) feet.
Seventh Addition Dwellings and accessory buildings shall set back from the roads in
accordance with setback lines as shown on the recorded plat. Dwellings shall be set
back from a common property line a minimum of twelve (12) feet. All other accessory
buildings shall be set back from a common property line a minimum of five (5) feet.
Eighth Addition Dwellings and accessory buildings shall set back from the roads in
accordance with setback lines as shown on the recorded plat. Dwellings shall be set
back from a common property line a minimum of ten (10) feet. All other accessory
buildings shall be set back from a common property line a minimum of five (5) feet.
Strahl Addition Dwellings shall set back forty (40) feet from the center line of platted
roads, and homes may not extend closer than twelve (12) feet to a common property
line. Dwellings shall not be built on portions of lots which are less than sixty-five (65)
feet wide.
Covenant 24 is hereby added to the Combined and Restated Covenants and Restrictions for
Grandview Lake on December 7, 2015 and corrected on April 29, 2015:
24. All leases, including renewals, must be in writing (amounts and personal information
redacted) and provided to the GLOA Office before a home can be leased or rented. A
lease cannot be less than three (3) months in length. An Owner cannot lease less than
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his entire Lot, and subleasing is not permitted. All leases must notify the tenants that
they are required to follow the Combined and Restated Covenants and Restrictions for
Grandview Lake, the Articles and Bylaws of the Association, all lake usage rules and all
rules and regulations properly adopted by the Board of Directors or the Association.
This restriction on renting and leasing takes effect on the date this covenant
amendment is recorded with the Bartholomew County Recorder’s Office. Any Owner
found to be in violation of any portion of this covenant by a court of competent
jurisdiction may be permanently banned from leasing or renting his property.
The foregoing amendments will run with the land and will be binding upon all owners and
upon the parties having or acquiring any right, title or interest, legal or equitable, in and to
the real property or any part or parts thereof subject to these covenants.
Combined & Restated on November 2, 2014
Recorded November 26, 2014
First Amendment by Lot Owners November 1, 2015
Recorded December 7, 2015
Correct errors on Covenants filed December 7, 2015
Recorded April 29, 2016
Second Amendment by Lot Owners November 5, 2017
Recorded December 8, 2017