Covenants, restrictions for Fillmore lots abolished

FILLMORE – After official action by the Fillmore Town Council at its regular meeting Thursday evening, certain building lots will no longer be subject to covenants and restrictions on their use.

In terms of real estate use, covenants are agreements between at least two parties as to what can specifically be done with a piece of property, and they can be personal or pass along potential burdens to future owners. Restrictions are only limitations on the use of a property.

The new Ordinance 2022-1 delineates that covenants and restrictions on 27.27 acres in the town’s northeast quarter, as subject to right-of-way of County Road 550 East, are to be abolished. Specifically, this pertains to land running with 363 S. Main St. and 379 S. Main St.

The ordinance notes that the abolishment was enacted by the majority of the property owners in the lot, which “is” and “was hereby” annexed to the town.

The ordinance repeals sections 2, 3 and 4 of Ordinance 2001-2, which in turn addressed covenants and restrictions. It was introduced last month and passed on its seconding reading this month.

The ordinance was passed by the council with Jerry Huff abstaining.

In other business:

• The council heard requests from two residents concerning properties they own:

Norman Schafer asked that sewer and water liens against a home he recently bought be dropped. It was clarified that one major lien had been levied for cleanup at the property, and that Shafer assuming the liens were part of the deal to sell the home. The council agreed to consider Schafer’s request.

Wes Terhune told the council that a home he owns was flooded in August 2021 after the town turned its water on. He said that insurance had agreed to a set amount, but then said he would have to foot the cost of damaged material being depreciated. Acknowledging that the flooding was on the town, the council agreed to consider whether it could cover the cost.

• While it is unclear when the transition took place, Bill Miles is the town’s new clerk-treasurer.

Council President Meredith Trusty told the Banner Graphic that former Clerk-Treasurer Jayna Haldeman had resigned for personal reasons.

Councilmen C.J. Huller and Huff joined Trusty and Miles for the meeting. Meanwhile, Town Marshal Darrel Bunten, Utilities Operator Joe Cash and Town Attorney Jeff Boggess were absent.

The next regular meeting of the Fillmore Town Council is set for Thursday, May 5 at 7 p.m. at the Fillmore Town Hall.