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HomeMy WebLinkAboutCovenants and Restrictions Ashmore Trace -Covenants and Restrictions The undersigned , SAFCO Development Corp . , Richard Fisher , President , owner of the real estate shown and described ed herein, does hereby certify that he has laid off , and and subdivided and does hereby lay off , plat subdivide , said real estate in accordancewith ithitatitheons within in plat . The following restrictions , covenants are hereby imposed upon and shall run with the land contained in such plat . This subdivision shall be known and designated as Ashmore Trace subdivision in Hamilton County , Indiana. All streets shown and not heretofore dedicated are hereby dedicated to the public . There shall be created , under the laws of the State of Indiana , a not-for-profit corporation to be known as the "Ashmore Trace Homeowners Association Inc . " which shall be referred to as the Association. All lot owners within Ashmore Trace Subdivision shall be members of the Association. (I) The general purpose of the Association shall be to provide a means to maintain, repair and/or replace the area within the Subdivision for the purpose of storage of storm water designated as the Retention Area , as well as to provide a means to maintain, repair and/or replace the subdivision trees , entrance signs , community area , and Green Space . Community area and Green pace e means the drainage system , the Lakes , roadway pavers the extent not maintained by public authority , any utility service lines or facilities not maintaineed byt raepublic utility company or governmental agency e than one lot , and any areas of land shown on the plat , described in any recorded instrument prepared by owner or it ' s agents or conveyed to or acquired by the corporation, together wth to impthrovements enjoymentthereto , ofthat some , butennodt to beedevoted necessarily all , the owners of lots . ( II) The Association shall have all of the powers set forth in its Articles of Incorporation , together with all other powers that belong to it by law , including the power to levy a uniform annual charge or assessment against the lots in the Subdivision as well as collecting and disbursing the assessment and charges . ( III) The Board of Directors of the Association shall fix the amount of the annual charge by the first day of January of each year , and written notice of the charge so fixed shall be sent to each member . Thereafter , the heeBoard of Directors may in any assessment year the maximum General Assessment by any amount not in excess of 8% of the amount of the maximum General Assessment year . The Board of Directors cshall shall becomeestablish and the manner tat General Assessment which it shall be paid . s In determining the General Assessment , costs and expenses which in accordance with the provisions of this declaration are to be borne by all Lot Owners and the Developer ( "Developer" means Safco Development Corp . , or its successors in conveyance indicating an intent that the grantee assume the rights and obligations of developer ) . Costs and expenses which in accordance with the provisions of this declaration are to be borne by the Owners of lots shall be allocated to all Lot Owners . Costs and expenses which in accordance with the provisions of this declaration are to be borne by the owners of certain lots shall then be allocated to the owners of such lots . The provisions for uniform assessment shall not be deemed to require that all assessments against vacant lots or lots improved with comparable types of residences be equal , but only that each lot be assessed uniformly with respect to comparable lots subject to assessment for similar costs and expenses . The General Assessment shall commence with respect to assessable lots on the first day of the month following conveyance of the first lot to any Lot Owner who is not the Developer . The initial assessment on any assessable lot shall be adjusted according to the number of whole months remaining in the assessment year . (IV) Any charge levied against any lot , together with interest and other charges or costs shall become a lien upon that lot until paid in full . All assessments . together with interest thereon and costs of collection thereof , shall be a charge on the land and shall be continuing lien upon the Lot against which each assessment is made until paid in full . Each assessment , together with interest thereon and costs of collection thereof , shall also be the personal obligation of the person who was the Owner of the Lot at the time when the assessment became due . Any assessment not paid within 30 days after the due date may upon resolution upon the board of directors bear interest from the due date at a percentage rate not greater than the current statutory maximum annual interest rate , to be set by the board of directors for each assessment year . The charges or assessments levied by the Association shall be used exclusively for the purpose of maintaining the Retention Area and Community Areas as set forth under Section (I) . The Developer of the herein described real estate shall convey title to the Lakes to the Ashton Homeowner ' s Association. The Homeowners ' s Association shall be responsible for maintaining the Lakes . The maintenance cost for the Lakes shall be assessed as a general assessment against all lots which abut the Lakes . Each 1 owner of a lot that abuts the Lakes shall be responsible at all times for maintaining so much of the bank of the Lakes above the pool level as constitutes a part of or abuts his lot and shall keep that portion of the Lakes abutting his lot free of debris and otherwise in reasonably clean condition. No boats shall be permitted upon any part of the Lakes and no dock , pier , wall or other structure may be extended into the Lakes without prior written consent of the Developer and such governmental authority as may have jurisdiction thereover . No swimming will be permitted in the Lakes except if and to the extent authorized by the Board of Directors . Each owner of a lot abutting the Lakes shall idemnify and hold harmless the Developer , the Corporation and each other Owner against all loss or damage incurred as a result of injury to any person or damage to any property , or as a result of any other cause or thing , arising from or related to use of , or access to , the Lakes by any Person who gains access thereto from , over or across such Owners Lot . The Developer shall have no liability to any Person with respect to the Lakes , the use thereof or access thereto , or with respect to any damage to any Lot resulting from the Lakes or the proximity of a Lot thereto , including loss or damage from erosion. The Corporation or Homeowner ' s Association shall maintain the entryways , the landscape easements Green Space and all improvements and plantings thereon , and the maintenance costs thereof shall be assessed as a General Assessment against all lots subject to assessment . Grass , trees , shrubs and other plantings located on an entryway , Green Space or a landscaping easement shall be kept neatly cut , cultivated or trimmed as to Ashmo�eable Tracegorradpa�tmaintain thereof an attractive entrance or a planting area within Ashmore Trace . All maintained entrance signs located on an entryway shall times in good sightly condition appropriate to a first class residential subdivision. To the extent not maintained by public authority , the Homeowner ' s Association shall maintain the roadway pavers and the maintenance cost thereof shall be assessed as a General Assessment against all lots subject to assessment . Ashmore Trace HOMEOWNER' S ASSOCIATION / Each Lot Owner shall automatically be a member and shall enjoy the privileges and be bound by the obligations contained in the Articles and By-Laws . If a person would realize upon his security and become an Lot Owner , he shall then be subject to all the requirements and limitations imposed by this Declaration on other Lot Owners , including those provisions with respect to the payment of Assessments . The Corporation shall have two classes of members . Every person who is a Lot Owner shall be a Class A member . The Developer shall be a Class B member . No other person, except a successor to substantially all the interest of the developer in the tract here and described shall hold a Class B membership in the Corporation. The Class B membership shall terminate upon the resignation of the Class B member , when all of the development area has been developed into lots and all such lots have been sold . Unless the Class B member and at least two-thirds of the Class A members have given their prior written approval , the Corporation, the Board of Directors and the Developer may not change the method of determining the obligations , assessments , dues or other charges that may be levied against the Owner of a residence by an act or omission change , waive or abandon any scheme of regulations or their enforcement pertaining to the architectural design or the exterior appearance of residences , or the maintenance and up-keep of the community area. Front and side yard building setback lines are hereby established as shown on this plat , between which lines and the property lines of the street , there shall be erected or maintained no building or structure . There are strips of ground as shown on this plat and marked Drainage , Utility and/or Landscape Easements , reserved for the use of public utilities for the installation of water and sewer mains , poles , ducts , lines and wires , and landscaping subject at all times to the proper authorities and to the easement herein reserved . No permanent or other structures are to be erected or maintained upon said strips of land , but owners of lots in this subdivision shall take their titles subject to the rights of public utilities . LAND USE. Lots may be used only for residential purposes as provided in the Declaration of Covenants and Restrictions . No portion of any lot may be soldor subdivided such that there will be thereby a greater number of houses in a Section than the number of original Lots shown on a Plat of such Section. FLOODWAY . There areas on this Plat that are designated as FLOODWAY in which no construction of any kind will be permitted . LOT DEVELOPMENT PLANS . Prior to commencement of any construction on a Lot , a Lot Development Plan shall be submitted to the Architectural Review Board . The Architectural Review Board may require as part of a Lot Development Plan a report of a subsurface soils investigation of the Lot made by a qualified soils engineer , which report shall include recommendations for the foundations of the proposed Residence . SIZE OF RESIDENCE. Except as otherwise piovidedt nlereherein, no residence may be constructed on any Residence , exclusive on open porches , attached garages and basements , shall have a ground floor area of 1 , 675 square feet in a one-story structure , or 1 ,000 square feet if a higher structure , but in the case of a building higher than one story , there must also be at least 400 square feet in addition to the ground floor area and the total floor area shall not be less than 1 , 800 square feet . BUILDING LOCATION AND FINISHED FLOOR ELEVATION. No building may be erected between the building line shown on a Plat and the front Lot line , and no structure or part thereof may be built or erected nearer than Ten ( 10) feet from another building or nearer than twenty (20) feet to the rear Lot line . A minimum finished floor elevation, shown on the development plan for each Section, has been established for each Lot and no finished floor elevation with the exemption of flood protected basements shall be constructed lower than said minimum without the written consent of the Architectural Review Board . Demonstration of adequate storm water drainage in conformity with both on-lot and overall project drainage plans shall be a prime requisite for alternative finished floor elevations . DRAINAGE. In the event storm water drainage from any Lot or Lots flows across another Lot , provision shall be made by the Owner of such Lot to permit such drainage to continue without restriction or reduction, across the downstream Lot and into the natural drainage channel or course , although no specific drainage easement for such flow of water is provided on the Plat . To the extent not maintained by the Drainage Board , "Drainage Easements" reserved as drainage swales shall be maintained by the Owner of the Lot upon which such easements are located such that water from any adjacent Lot shall have adequate drainage along such swale . Lots within the Parcel may be included in a legal drain established by the Drainage Board . In such event , each Lot in the Parcel will be subjected to assessment by the Drainage Board for the costs of maintenance of the portion of the Drainage System and/or the Lakes included in such legal drain, which assessment will be a lien against the Lot . The elevation of a Lot shall not be changed so as to affect materially the surface elevation or grade or surrounding Lots . Perimeter foundation drains , sump pump drains and downspouts shall not be outletted into streets or street rights-of-way . These drains shall be connected wherever feasible into a subsurface drains and tiles located or his Lot and shall be liable for the cost of all repairs thereto or replacements thereof . EXTERIOR LIGHTS . No exterior lights shall be erected or maintained between the building line and rear lot line so as to shine or reflect directly upon another Lot . ELECTRIC BUG KILLERS. Electric bug killers , " Zapper" and other similar devices shall not be installed at a location or locations which will result in the operation thereof becoming a nuisance or annoyance to other owners and shall only be operated when outside activities require the use thereof and not continuously . THE LAKES , TITLE AND MAINTENANCE. Declarant shall convey title to the Lakes to the Corporation. The Corporation shall be responsible for maintaining the Lakes . The Maintenance Costs of the Lakes shall be assessed as a General Assessment against all Lots subject to assessment . ASSESSMENTS . The Board of Directors may make Assessments to cover any costs incurred in enforcing these covenants or in undertaking any maintenance or other activity that is the responsibility of the Owner of a lot hereunder but which such Owner has not undertakes as required hereunder . Any such Assessment shall be assessed only against those Owners whose failure to comply with the requirements of these covenants necessitated the action to enforce these covenants or the undertaking of the maintenance of other activity . FENCING. No fence , wall , hedge or shrub planting higher than eighteen ( 18) inches shall be p permitted between the front property line and the front building set-back line except where such planting is located on a Landscape Easement or is part of Residence landscaping and the prime root thereof is within four (4) feet of the Residence . Trees shall not be deemed "shrubs" unless planted in such a manner as to constitute a "hedge" . No chain Link fence shall be erected upon a Lot . No fence shall be erected or maintained on or within any Landscape Easement except such as may be installed by Declarant and subsequently replaced by the Corporation in such manner as to preserve the uniformity of such fence . In no event may any fence be erected or maintained on any Lot without the prior approval of the Architectural Review Board , which may establish design standards for fences and further restrictions with respect to fencing , and including limitations or (or prohibition of ) the installation of fences in the rear yard of a Lot and along the bank of any Lake . All fences shall be kept in good repair . No fence , wall , hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the street 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 points 25 feet from the intersection of said street lines , or in the case of a street line with the edge of a driveway pavement or alley line . No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines . All front yards are to be sodded . On corner lots front and side yards are to be sodded . Relief from this requirement shall be presented to the Architectural Review Board or Developer . YARD TREES. Two trees shall be planted in the front yard of each lot by the Builder . These trees shall be no less than 2 inches in Caliper . No structure in this subdivision , without special approval from the Developer shall exceed two and one-half (2 1 /2) stories or Twenty-five (25) feet in height measured from finished grade to the underside of the eve 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 boat , trailer , or camper of any kind ( including but not in limitation thereof , house trailers , camping trailers , or boat trailers ) ' oany disabled hin vehicle shall be kept or parked on any lot except approved structure . There shall be no continuous or permanent on-street parking within the project . 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 have 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 Developer or by their duly authorized representatives . If the Developer 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 Developer nor the designated representatives shall be entitled to any compensation for services performed pursuant to this covenant . The maintenance of drainage pipes and facilities for discharging sump pumps shall be the responsibility of the individual homeowner and/or a homeowner ' s association. No out buildings and/or satellite dishes shall be allowed in this subdivision. No solar panels shall be permitted in subdivision without association approval . All mailboxes and mailbox posts shall be uniform in nature and selected by the developer . Geo-thermal heat pumps shall be of the closed loop type only. No noxious , unlawful , or other offensive activity shall be carried out on any lot in this subdivision, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood . NATURE TRAILS . Declarant will install the Paths at the approximate locations depicted on the General Plan of Development and may reserve easement for such purpose over and across Lots . The Corporation shall operate and maintain the Paths and the Maintenance Costs thereof shall be assessed as a General Assessment against all Lots subject to assessment . The Board of Directors may adopt such rules and regulations with respect to the use thereof as it may deem appropriate including by not limited to the prohibition of the use of the Paths by bicycles , skateboards and motorized or non-motorized vehicles . LOTS GENERALLY . Each Lot owned by a person other than Declarant shall be assessed at a uniform rate without regard to whether a Residence has been constructed upon the Lot . LOTS OWNED BY DECLARANT. No Lot owned by Declarant shall be assessed by the Corporation. COMMON GROUNDS AREA AND GREEN SPACE INITIAL ASSESSMENT. On the earlier of ( i ) the date a Lot is conveyed by Declarant to an Owner (other than the holder of a first mortgage on such Lot in a conveyance which constitutes a deed in lieu of foreclosure) . ( ii ) the date a Residence constructed on the Lot has been certified for occupancy the zoning Authority or ( iii ) the date a residence on the Lot is first occupied buy an Owner upon Completion of construction thereof , there shall be due and payable to the Corporation by the Owner of such Lot the sum of Two Hundred Dollars ($200 . 00) which shall be deposited in the Reserve for Replacements maintained by the Corporation. USE OF LOTS DURING DEVELOPMENT ; BY DECLARANT. Notwithstanding any provisions to the contrary contained herein or in any other instrument or agreement , Declarant of its sales agents or contractors may maintain during the period of construction and sale of Lots and Residences in the Tract or the Development Area , upon such portion thereof as is owned or leased by Declarant , such facilities as in the sole opinion of Declarant may be reasonably required , convenient or incidental to the construction and sale of Lots and Residences , including , but without limiting the generality thereof , a business office , storage area , construction yards , signs , model Residences and sales Offices , during the period that it is engaged in the sale of lots in Ashmore Trace . BY BUILDERS . Notwithstanding any provisions to the contrary contained herein, a builder who has constructed a Residence in Ashmore Trace may with the prior consent of the Board of Directors , use such Residence as a "model " home and may hold such home open to the public , either individually or as part of a "home show" approved by the Board of Director for such reasonable period as the Board of Directors may specify . 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 . Builder will be required to install , or have installed , at least one gas or electric "dusk to dawn" yard light in the front yard . All garages opening to the street shall automatic door controls . 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 . Trash shall not be burned in this subdivision. Lot owners , upon taking title , agree to waive all rights to oppose future zoning changes and special permits necessary to complete the Master Plans of Ashmore Trace . It shall be the duty of the owner of each lot in the 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 the 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 . The foregoing covenants (or restrictions) 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 (25) years from the date of this plat , at which time said covenants , (or restrictions) , shall be automatically extended for successive periods of Ten ( 10) years unless changed by vote of a majority of the then owners of the buildings covered by these covenants , or restrictions , in whole or in part . Invalidation of any one of the foregoing covenants or restrictions , by judgement or court order shall in no way affect any of the other covenants or restrictions , which shall remain in full force and effect . NON-LIABILITY OF DECLARANT. Declarant shall have no duties , obligations or liabilities hereunder except such as are expressly assumed by Declarant , and no duty or , or warranty by , Declarant shall be implied by or inferred from any term or provision of this Declaration. The right to enforce these provisions by injunction, together with the right to cause the removal by due process of law , of any structure or part thereof erected , or maintained in violation hereof , is hereby dedicated to the public , and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns . OWNER and SUBDIVIDER - SAFCO Development Corp. , Richard Fisher , President by Richard Fisher State of Indiana ) ss : County of Hamilton ) Before me , the undersigned , a Notary Public , in and for said County and State , personally appeared Richard Fisher , President of SAFCO Development Corp . who acknowledged the execution of the foregoing instrument as their voluntary act and deed , for the purposes therein expressed . Witness my hand and Notarial Seal this Public of 1992 . Notary My Commission Expires County of Residence UNDER AUTHORITY PROVIDED BY CHAPTER 178 , ACTS OF 1979 , ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY THERETO , AND AN ORDINANCE ADOPTED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THIS PLAT WAS GIVEN APPROVAL BY THE CITY OF CARMEL AS FOLLOWS: Adopted by the Carmel City Plan Commission992 . t meeting held N COMMISSION BY: , Department of Community Development , Carmel , Indiana BOARD OF PUBLIC WORKS AND SAFETY CERTIFICATE THIS PLAT WAS GIVEN APPROVAL BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA AT A MEETING HELD ON THE DAY OF , 1994 . Ted Johnson - Mayor This Instrument prepared by SAFCO Development Corp .