Loading...
HomeMy WebLinkAboutApplication e e SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS OF HAVERSTICK PROPERTY OWNERSHIP ~ M HtCtlJIED ~, ".. Doci ~1Ifl1 THIS SUPPLEMENTAL DECLARATION made this _ day of ,2001, by Centex Homes, a Nevada general partnership as successor in interest to Centex Homes Company, an Indiana general partnership ("Declarant"), W 1 I N E SSE I H: WHEREAS, the following facts are true: A. Declarant is the sole owner of the fee simple title to the following described real estate located in Hamilton County, Indiana, to-wit: See legal description attached hereto made a part hereof and marked Exhibit A. (Hereinafter referred to as Settler's Ridge, Section Two A) B. On June 23, 1995, Declarant executed a Declaration of Covenants and Restrictions of Haverstick Property Ownership which was recorded in the Office of the Recorder of Hamilton County, Indiana on June 23, 1995, as Instrument No. 9540437 as amended by Supplemental Declarations, recorded on December30, 1996, January 15, 1997, May 9,1997, October 7,1997, July 2,1998, September 28,1998, October 14, 1998 July 6, 1999, October 5, 1999, October 14, 1999, August 16, 2000, November 1 , 2000, and , 2001, as Instrument Nos. 9609654253, 9709701433, 9709718060,9709742620,9809835941, 9809858098,98581000,9858098,9940002, 9958105, 9960198,200000040348,200000054645,200000054648, and respectively, a First Amendment recorded on May 9, 1997 as Instrument No. 9709718061, a Second Amendment recorded on August 1, 2000, as Instrument No. 200000037449, and a Third Amendment recorded August 1, 2000, as Instrument No. 200000037450 (all of which were recorded in the Office of the Recorder of Hamilton County, Indiana (the "Declarationfl). The Declaration is incorporated herein by reference and all of the terms and definitions as described therein are hereby adopted and shall have the same meaning in this Supplemental Declaration. C. Settler's Ridge Section Two A is part of the Real Estate described in paragraph A of the recitals of the Declaration. Paragraph 24 of the Declaration provides that all or part of the Real Estate may be annexed to Haverstick Property Ownership, incorporated into the Declaration and the Owners thereof become members of Haverstick Property Ownership in accordance with the conditions in paragraph 24 of the Declaration and the filing of the Supplemental Declaration by Declarant. All conditions relating to the annexation of Settler's Ridge Section Two A to the Tract of Haverstick Property Ownership have been met, and Declarant, by execution of this e e Supplemental Declaration, hereby incorporates Settler's Ridge Section Two A into Haverstick Property Ownership. NOW, THEREFORE, Declarant makes this Supplemental Declaration as follows: 1. Declaration. Declarant hereby expressly declares that Settler's Ridge Section Two A and all appurtenant easements, Common Area, Limited Common Area, Lots, improvements and property of every kind and nature whatsoever, real, personal and mixed, located thereon is hereby annexed to and becomes a part of Haverstick Property Ownership .as if such originally had been included in the Declaration, and shall hereafter be held, transferred, sold conveyed and occupied subject to the covenants, restrictions and provisions of the Declaration, and the rules and regulations as adopted by the Board of Directors, as each may be amended from time to,time. Settler's Ridge Section Two A hereafter and for all purposes shall be included in the definition of "Tract" as defined in paragraph 1 (t) of the Declaration. 2. Description of Lots. There shall be nineteen (19) Lots, Numbered 28 through 40 and 54 through 59 in Settlers Ridge Section Two A as shown on the Supplemental Plat for Settler's Ridge Section Two A. Haverstick Property Ownership or the Tract now has Four Hundred Eighty-Three (483) Lots. 3. Square Footaoe. All Dwelling Units located on Lots in Settler's Ridge Sectio:n Two A shall have a minimum of 1,300 square feet of fi.nished living area (exclusive of garages, carports, basements and porches). 4. Acceptance and Ratification. The acceptance of a deed of conveyance or the act of occupancy of a Lot and/or Dwelling Unit shall constitute an agreement that the provisions of this Supplemental Declaration, the Declaration and any rules and regulations adopted pursuant thereto, as each may be amended from time to time, are accepted and ratified by each Owner, tenant and occupant, and all such provisions shall be covenants running with the land and shall bind any person having at any time any interest or estate in a Lot and/or Dwelling Unit or the Property as if those provisions were recited and stipulated at length in each and every deed, conveyance, mortgage or lease thereof. 5. Supplemental Plat. The Supplemental Plat for Settler's Ridge Section Two A prepared by Stoeppelwerth & Associates, Inc., certified by Dennis D. Olmstead, a registered land surveyor under the date of , 2001, setting forth the layout, location, identification and dimension of the Lots identified in this Supplemental Declaration is incorporated into the Declaration, added to the plans filed with the Declaration, and has been filed in the Office of the Recorder of Hamilton County, Indiana, as of as Instrument No. 9.6 THE SUBDIV4lrR 4It The following agreement shall be inc luded as a subrni t tal with .the. final plot application. AGREEMENT / ~" yr The developer shall be responsible for any drainage problems ~C..~~ ing standing water, flooding and erosion control, which arise lijr ~ become evident at any time during the 3 year maintenance period a~r release of subdivision bonds, and which is attributable to a deficiency in subdivision drainage design or construction of drain- age improvements. This shall include all pipes, structures, swales, ditches and ponds which are pertinent features to the proper drain- age of the subdivision. TIlis responsibility of the developer shall not, however, include problems which a~e created, subsequent to the completion of the subdivision improvements by the improper grading by individual builders, or structures and improper grading installed or accom- plished by individual homeowners. It is the intent of this requirements, that the-developer shall, specifically, provide such sub-surface drains, or storm sewers or ditches as are required to properly rectify any drainage problem or sub-surface water problem which was not contemplated in the original approved subdivision design# including, but not restricted to, disposal of sub-surface water from footing drains of individual lots. ROAD IMPROVEMENTS: The typical agreement for existing contiguous Hamilton County Roads which are substandard, with Hamilton County is: The developer will put in 12 inch stone base to the required width of the road, and grade the shoulders to a minimum of 6 feet width and construct proper side-ditches, or, provide storm sewers and curbs. This will be the black top grade during construction of subdivision. Then the county will come in and cut out 3 inches and put in 3 inch binder asphalt after which the developer will be responsible for 1 inch of asphalt topping. This is being done as joint projects between county and developer. An agreement shall be executed, in writing, between the developer and Hamilton County specifically detailing the exact work to be accomplished by the developer and that to be accomplished by the County, and shall also state the road or roads or portions thereof which are included. If the subdivision is contemplated to be annexed to the City of Carmel, then the agreement shall include the City of Carmel Board of Public Works" as a signatory, which shall be for the purpose of the City of Carmel agreeing to accept for maintenance and operation, the improved road facility upon completion of said improvements and completion of annexation. ~~/~ DEVELOPER t/~r YL. / .~ WITNESS 010, REV: 5-79