Glenwood Park Community Association
Covenants and By-Laws
These by-laws were originally established in 1961 and have been transcribed from the original documents for readability and accessibility. In the event of discrepancies, the original recorded documents govern.
LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one dedicated to a single family dwelling and a private garage for not more than two cars.
DWELLING SIZE: No residence shall be erected on any lot in this Addition as hereinafter defined having a ground floor square foot area of less than 1300 square feet of living area, in the case of a one-story structure, or less than 672 square feet of living area in the case of a two-story structure, or less than 960 square feet of living area in a split-level structure.
EASEMENTS: Easements for the installation and maintenance of public utilities and sewer and drainage facilities in, over, on and under lands and lots in said Addition are reserved as shown on the PLAT.
BUILDING LOCATION: Any building or other improvements located on any lot in this Addition shall be located in conformance with the zoning ordinance of the city of Fort Wayne, Indiana, as said ordinance now exists or may hereinafter be amended from time to time as applicable to the zoning classification of this Addition.
The word “LOT” as used in these protective restrictions, covenants, limitations and easements for Glenwood Park Section III, an Addition to the city of Fort Wayne, Indiana, or as hereinafter used, may mean either any of the said lots as platted, upon which a residence or structure may be erected, in accordance with the restrictions hereafter or herebefore set forth in said Plat, or such further restrictions as as may be set forth in the individual deeds from said owner, or its successors, or assigns, provided that every building lot in this Addition shall measure not less than 75 feet in width at the building line, and shall occupy not less than 10,000 square feet.
LOT AREA: The dimensions of all lots are shown in feet and decimals of a foot on the Plat.
NUISANCE: 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. No person shall engage in or conduct any trade, business or profession in any structure located on any lot in this Addition.
TEMPORARY STRUCTURES: No structure of any temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence, either temporarily or permanently.
SIGNS: No sign of any kind shall be displayed to the public view on any lot, except one professional sign of not more than one square foot, one sign of not more than 5 square feet, advertising the property for rent or sale, or signs used by the builder to advertise the property during the construction or sale thereof.
ANIMALS: No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot except that dogs, cats, or other household pet may be kept, provided they are not kept, bred or maintained for any commercial purpose.
WASTE: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept, except in sanitary containers. All incinerators, or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition.
TERM: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years, from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years, unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
OBSTRUCTIONS: No fence, wall, tree, hedge, or shrubs planting, which obstructs sight line at elevations in excess of three feet above the roadways, shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or, in the case of a rounded property corner, from the intersection of the street property lines extended. Also, no fences shall be constructed upon any lot in this Addition nearer to the front property line thereof, than the building lines as set forth on the Plat of this Addition, but this restriction shall not prevent the planting of shrubbery and the growing of hedges for ornamental and decorative purposes, insofar as it is not inconsistent with the preceding sentence of this article.
ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person violating or attempting to violate any covenant, either to restrain violation or to recover damages, but in no event shall there be a right of reversion.
A majority of the lot owners in said Addition, the owner of each lot being considered as having one vote, may at any time organize an Association and impose the owner of each lot an annual maintenance fee, not to exceed Five Dollars ($5.00)**, which shall be used by the Association for the purpose of taking care of park space, cleaning streets and other such purposes as the Association may desire, provided said use is for the benefit of the Addition. When said Association has been organized and the maintenance fee imposed, it shall be and constitute a lien on each lot, inferior only to taxes, assessments, and bona fide mortgages thereon. No such Association shall be deemed organized until its articles have been duly recorded in the recorder’s office of Allen County, Indiana.
All plans and grades shall be approved in writing by the Vista Realty Corp., or its successors in interest or nominee
No owner shall remonstrate against or otherwise in any way object to, or commence or otherwise be a part to, any legal proceedings to prevent any action taken by the Common Council of the City of Fort Wayne, Indiana, to annex or otherwise incorporate within the boundaries of said City, all or any portion of said Addition to the said City of Fort Wayne, Indiana, pursuant to any existing or future statute or other law of the State of Indiana, or otherwise.
INVALIDATION: Invalidation of any one of these protective covenants and restrictions by judgement or court order shall in no wise affect any of the other protective restrictions herein, which shall remain in full force and effect.
Any user or occupier of land in this Addition shall first obtain from the Building Commissioner of the City of Fort Wayne an Improvement Location Permit as required by Chapter 36 of the Municipal Code of the City of Fort Wayne, Indiana. The issuance of such Improvement Location Permit shall be a condition precedent to the use and occupation of any lot or tract within this subdivision. This provision shall be construed to be a protective covenant running with the land and enforceable by the City of Fort Wayne or by any aggrieved lot owner in this subdivision.
No rain and storm water run off or such things as roof water, street pavement and surface water caused by natural precipitation shall at any time be discharged into or permitted to flow into the Sanitary Sewage System, which shall be a separate sewer system from the Storm Water and Surface Water Run Off Sewer System. No sanitary sewage shall at any time be discharged or permitted to flow into the above mentioned Storm Water and Surface Water Rune Off Sewer System.
** Article 15 has since been legally amended to impose a yearly maintenance fee of $25.00 per lot. You can find amendment details on the Allen County Recorder’s office website.