Covenants

• All lots in this subdivision are reserved for residential use and no building other than a one-family residence or structure or facility accessory in use thereto shall be erected thereon.
• Not more than one building shall he erected or used for residential purposes on any lot in this subdivision.
• The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than fifteen hundred (1500) square feet in the case of a one-story structure, nor less than one thousand (1000) square feet in the case of a multiple story structure, provided no structure of more than one story shall have less than an aggregate of eighteen hundred (1800) square feet of finished and livable floor area. All garages shall be attached to the residence dwelling and be a minimum of two car size.
• No trailer, tent, shack, attached shed, basement, garage, or temporary building shall be used for temporary or permanent residence on any lot in this subdivision. An attached garage, tool shed, or detached storage building erected or used as an accessory to a residence in this subdivision shall be of a permanent type of construction and conform to the general architecture and appearance of such residence.
• No fences shall be erected in this subdivision between the building lines and the property lines of the streets as shown on the within plat, except with approval of the Architectural Control Committee, which fences shall not exceed 42 inches in height and shall be of a decorative nature.
• No building, structure or accessory building shall be erected closer to the side of any lot than 10 feet. Where buildings are erected on more than one single lot this restriction shall apply to the aide lines of the extreme boundaries of the multiple lots.
• No structure in this subdivision shall exceed 2 1/2 stories or 25 feet in height measured from finish grade to the under side of eave line, and no structure other than an open porch shall be erected between the building line as designated on the plat and the property line of the street.
• No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications and plot plan showing the location of such building has been approved as to the conformity and harmony of external design with existing structures herein and as to the building with respect to topography and finished ground elevation, by the Architectural Control Committee composed of the undersigned owners of the herein described real estate, or by their duly authorized representatives. In the event of the death or resignation of any member of said committee, the remaining member or members shall have full authority to approve or disapprove such design and location, or to designate a representative with like authority. If the committee fails to act upon any plans submitted to it for its approval within a period of fifteen (15) days from the submission date of the same, the owner may proceed then with the building according to the plans as approved. Neither the committee members nor the designated representatives shall entitled to any compensation for services performed pursuant to this covenant.
• The utility easements shown on the within plat are reserved as easements for use of city or county in which this subdivision is located, owners in this subdivision, and public utility companies for the installation, use, maintenance, repair, and removal of sewers, water mains, utility poles, wires and other facilities and utilities necessary or incidental to the common welfare and use and occupancy for residential purposes of the houses to be erected in this subdivision. No building or other structure, except walks or driveways, shall be erected or maintained upon, over, under, or across any such utility strip for any use except as setforth, herein, and owners in this subdivision shall take their title to the land contained in such utility strip subject to the perpetual easement herein reserved.
• The Cable TV easements shown on the within plat are reserved for the approved franchised “Company” and its successors and assigns, forever, the easement and right from time to time hereafter to erect, install, lay, use, maintain, replace, increase or decrease the size of and remove coaxial cable and other fixtures end appurtenances for the purpose of transmitting and distributing radio and television signals by way of said coaxial cable, on, over, under and across said easement. This also includes the right of ingress and egress for all purpose incident to such easement, and the “Company” is hereby granted the express right to make clearances of brush and debris from said property in order to successfully install and maintain said coaxial cable.
• No campers, trailers, boats, or similar vehicles shall he parked on any lot in this subdivision unless the same shall be parked in such a manner that it is not visible to the occupants of other lots in this subdivision, the users of any street in this subdivision.
• All lot owners will be required to install, or have installed, at least one gas or electric “dusk to dawn” yard light in the front.
• The drainage easements shown on the within plat are reserved for the drainage of storm water, whether by swale, ditch, or storm sewer. No structure other than storm water drainage structures, retaining walls, or elevated walks and driveways shall be erected in, on, over, under, or across any such easement; except that a drainage easement may also be used as a utility strip, and structures permitted in a utility may be erected therein provided that they do not interfere with the flow of water, Owners in this subdivision shall take their title to the land contained in such drainage easement subject to the perpetual easement herein reserved.
• In the event storm water drainage from any lot or lots flows across another lot, provision shall be made to permit such drainage to continue without restriction or reduction, across the downstream lot and into the natural drainage channel or course, even though no specific drainage easement for such flow of water is provided on said plat.
• No animals, livestock, or poultry of any description shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes.
• It shall be the duty of the owner of each lot in this subdivision to keep the grass on the lot properly cut and to keep the lot free from weeds and trash and otherwise neat and attractive in appearance. Should any owner fail to do so then Developer may take such action as it deems appropriate in order to make the lot neat and attractive, and the owner shall upon demand reimburse Developer for the expense incurred in so doing.
• No lot in this subdivision shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste, and shall not be kept, except in sanitary containers.
• It is further understood and agreed that pursuant to Burns Indiana Statute Section 48-3963 that as part of the consideration running to the City of Noblesville the developer herein irrevocably releases its right and the right of its successors in title to remonstrate against pending or future annexation to the City of Noblesville.
• The right to enforce the within restrictions, limitations, and covenants by injunction is hereby dedicated and reserved to owners of lots in this subdivision, their heirs and assigns who shall be entitled to such relief without being required to show any damage of any kind to any such owner or owners, by or through any such violation or attempted violation.   Said provisions shall be and continue in full force and effect for a period of twenty (20) years from the date of this plat, and thereafter unless and until by a vote of the then owners of a two-thirds majority of the total lots in this subdivision it is agreed to change the covenants in whole or in part. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provision, which shall remain in full force and effect.

• Resolution 1:  All lot owners of the real estate in the subdivision known as Wellington Northeast are members of the Wellington Northeast Neighborhood Association and subject to all regulations set forth in the restrictions that run with the land contained in that subdivision. As such members, all lot owners are required to pay the annual dues assessed by the Association for the maintenance of common grounds and general upkeep of the subdivision. Members may choose to pay either General Dues or Recreational Dues.  Any delinquent dues or fines assessed against, together with interest and other charges or costs as herein provided, shall become and remain a lien upon that lot until paid in full, and shall also be a personal obligation of the owner or owners of that lot. Such charge shall bear interest at the rate of 8% per annum until paid in full.   If in the opinion of the Board of Directors of the Association, such charge has remained due and payable for an unreasonably long period of time, the Association may institute such procedures, either at law or in equity, by foreclosure or otherwise, to collect the amount owing in any court of competent jurisdiction. The owner of the lot or lots subject to the charge, shall, in addition to the amount of the charge at the time legal action is instituted, be obliged to pay any expense or cost, including attorneys fees incurred by the Association in collecting the same. Every owner of the lot in the Association and any person that may acquire an interest in such lot, whether as an owner or otherwise, is hereby notified, and by acquisition of such interest agrees, that any such liens which may exist on said lot at the time of acquisition of such interest are valid liens and shall be paid.  Every person who shall become an owner of a lot in Wellington Northeast subdivision is hereby notified that by the act of acquiring, making such purchase or acquiring such title, such person shall be conclusively held and covenanted to pay the association dues that shall be made pursuant to the restrictive covenants in force and effect.
• Resolution 2:  Annual dues may not be increased more than $20.00 per year.
• Resolution 3:  The review period by the Architectural Control Committee with regard to approval of building plans shall be for thirty (30) days or within a reasonable timeframe thereafter, from the submission date of any plans.   The property owner may not proceed with the building until approval is granted.

The parcel of real estate designated on the plat of the subdivision as “Block K” is to be used as drainage retention pond. Owners of the following lots abut Block K: 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426,and  427. By purchase of one of these lots, each owner shall also acquire an undivided one-twenty first (1/2lst) ownership interest in Block K. This ownership of Block K shall be indivisible from the ownership of the lot. This interest shall run with the title to a particular lot and shall not be separately conveyable there from.

Each Block K owner shall share pro rata in the expenses of construction, maintaining, reparing, altering, reconstructing, improving, removing, and insuring the improvements in Block K. If one or more lot owners fail to pay their allocable share of such expenses, then the owners paying such expenses may file a lien for the reasonable value of the work performed and materials furnished as prescribed by the lien laws of the State of Indiana against any such lot and the owner thereof, and recover the full assessment owed together with interest from the due date and reasonable attorneys fees and costs.

Owners of Block K shall be members of an unincorporated association know as “Block K Property Owners Association”. The Association shall meet at least annually to elect three (3) member Board of Directors. Each lot shall be entitled to one (1) vote. The Board of Directors shall determine, by majority vote, what is necessary to maintain repair, alter, reconstruct, improve, remove or insure the improvements in Block K including any reasonable reserve. The Board shall determine the amount of the annual assessment to be paid by each Block K owner for these necessary expenses. No assessment shall ever be levied against the Developer.

The Board of Directors shall make and enforce reasonable rules and regulations for the use of Block K by its members. Sanctions may include reasonable monetary fines, suspension for the right to vote and the right to use Block K. The Board shall have the power to seek relief in any court for violation, to abate nuisances and to collect unpaid assessments of behalf of the Association.

Passed by a majority of the members 11/94

1.  No motorized vehicles on the lake.

2.  Only residents and their guests may use the lake.

3.  No trash, refuse or dried algae shall be thrown in the lake.

4.  Fishing from your lot only, unless permission is given.

5.  All rocks around the pond are for decor and erosion purposes.  No throwing rocks in pond or on the ice.

6.  Committee approval must be obtained prior to building docks or structures on the lake.

7.  Use of lake water during drought periods for lawn irrigation is prohibited.

8.  Grass and sea wall areas around the lake should be well maintained.

9.  Use of chemicals on lawns should be limited to those that are safe.

10.  Residents should take turns weeding rocky areas at the ends of the lake.

11. Do not feed geese.

Passed by two thirds of the members 7/28/98

12.  Property shall not be partially or fully fenced so as keep the open beauty of lake.     (Lot #397 has already been approved for a fence by the Architectural Committee of Wellington     Northeast, so this Lot is exempt from this rule.)