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HomeMy WebLinkAboutFoster SecondaryPlatN.W. COR. N.E.1 A SEC.19-T18N-R4E N.W. CORNER FOSTER ESTATES 1 NW VU w n 75.10' NORTH UNE N.E.1 /4 FOSTER ESTATES ❑ — EXISTING CONCRETE MONUMENT 0 — INDICATES 5/8" REBAR W/CAP 0 — INDICATES CENTERLINE MONUMENTATION B.L. — BUILDING LINE2 W, aid law fa Oil', SF — SQUARE FOOTAGE D.& U.E.- DRAINAGE AND UTILITY EASEMENT' 1;�3a(rvi D.U.&.S.E- DRAINAGE UTILITY AND SEWER EASEMENT U.E. — UTILITY EASEMENT ul � z (ASSUMED NORTH) SCALE: 1"= 60' 60 0 30 60 130 SECTION 6- A SECONDARY PLAT PART OF THE N.E. 1/4 SECTION 19-T18N-R4E HAMILTON COUNTY, INDIANA PLAN COMMISSION: UNDER AUTHORITY PROVIDED BY TITLE 36, ACTS OF 1981, P.L. 309 ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA. AND ALL ACTS AMENDATORY OF SUPPLEMENTARY THERETO, AND AN ORDINANCE ADOPTED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, AS FOLLOWS: ADOPTED BY THE CARMEL PLAN COMMISSION AT A MEETING HELD ON THE In _ DAY OF■�199 CARMEL5�LWPLA+l?lk0#M4pftSI6N BY:�'"�'`_�� DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT CARMEL, INDIANA THIS INSTRUMENT WAS PREPARED BY EDWARD D. GIACOLETTI REGISTERED LAND SURVEYOR -INDIANA #SO389 3020 NORTH POST ROAD INDIANAPOLIS, INDIANA 46226 TELEPHONE (317) 898-8282 rd i 1 INDIANA At 0:6.:, N.W. COR. FOSTER ESTATES /SEC. 5 SHEET 1 OF 4 JOB # 610.06 REV, DATE. 08/01/96 PF \_S89'00'04'W 14.74' o Z o M W ul � z Lo 0 SHEET 1 OF 4 JOB # 610.06 REV, DATE. 08/01/96 PF A part In Clay follows: FOSTER ESTATES SECTION 6-A SECONDARY PLAT PART of of rte. v4 for _r t"DN t"UN-TY, INDIAN ARA R On 08-28--1996 At 09:16 Affi. "t` 313 %dc ri SECTION 19- T1W R4E HAMILTON COLNTY, NDIANA of the Northeast Quarter of Section 19, Township 18 North, Range 4 East THE SIZE OF LOTS AND THE WIDTH OF STREET AND EASEMENTS ARE SHOWN IN FIGURES DENOTING FEET Township, Hamilton County, Indiana, being more particularly described as AND DECIMAL PARTS THEREOF. Commencing at the Northeast corner of sold Quarter Section; thence North 89 degrees 57 minutes 37 seconds West (Assumed Bearing) along the North line of sold Quarter Section a distance of 2657.24 feet to the Northwest corner of said Quarter Section, said corner also being the Northwest corner of Foster Estates Section 1, a subdivision in Hamilton County, Indiana, the plot of which Is recorded as instrument no. 8818500 in the office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 02 minutes 09 seconds East along the West line of sold Quarter Section and along the West line of sold Foster Estates Section 1 a distance of 1192.71 feet to the Southwest corner of sold Foster Estates Section. 1 and the Point of Beginning; thence North 90 degrees 00 minutes 00 seconds East along the South line of sold Foster Estates Section 1 a distance of 920.35 feet to the Northwest corner of Foster Estates Section 5, a subdivision in Hamilton County, Indiana, the plot of which is recorded as instrument no. 9431057 in the office of the Recorder of Hamilton County, Indiana (the next three (3) described courses being along the westerly line thereof); thence South 00 degrees 59 minutes 56 seconds East a distance of 142.16 feet; thence South 89 degrees 00 minutes 04 seconds West a distance of 14.74. feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 200.03 feet; thence South 89 degrees 00 minutes 04 seconds West a distance of 424.65 feet; thence South 62 degrees 32 minutes 45 seconds West a distance of 67.68 feet; thence North 27 degrees 27 minutes 15 seconds West a distance of 100.00 feet; thence South 62 degrees 32 minutes 45 seconds West a distance of 200.00 feet; thence North 27 degrees 27 minutes 15 seconds West a distance of 48.75 feet; thence South 62 degrees 32 minutes 45 seconds West a distance of 115.00 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 75.10 feet to the west line of sold northeast quarter; thence North 00 degrees 02 minutes 09 seconds West along said west line a distance of 394.26 feet to the Beginning Point, containing 7.386 acres, more or less. This Subdivision consist of 16 lots numbered 43 through 52 and 109 through 114 together with streets and easements as shown hereon. The size of lots and widths of streets and easements are shown in figures denoting feet and decimal parts thereof. CROSS-REFERENCE IS HEREBY MADE TO SURVEY PLAT RECORDED AS INSTRUMENT NUMBER 9431056 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. 1, THE UNDERSIGNED, HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR, LICENSED IN COMPLIANCE WITH THE LAWS OF THE STATE OF INDIANA AND THAT THE WITHIN PLAT REPRESENTS A SUBDIVISION OF THE LANDS SURVEYED WITHIN THE CROSS REFERENCED SURVEY PLAT, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE HAS BEEN NO CHANGE FROM THE MATTERS OF SURVEY REVEALED BY THE CROSS-REFERENCE SURVEY ON ANY LINES THAT ARE COMMON WITH THE NEW SUBDIVISION. i FURTHER CERTIFY THAT THE SAID SUBDIVISION WAS PLATTED UNDER MY DIRECT SUPERVISION AND CONTROL AND IS TXE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF: wr WITNESS MY SIGNATURE THIS � --DAY OF - 1991. A.10 -AA=% ED o D. ctAcoLErn REGISTERED LAND SURVEYOR INDIANA -- #0560 IF THiST WAS GIVEN APPROVAL BY THE CARMNINDIANA. AT P-11JETING HELD ON Lori Watson BIIIY L ATTEST: CLERK -TREASURER. Diana Cordray OF BLiC WORKSyD SAFETY OF THE CiTY OF �t DAY OF LA(A*Us t 199 -Ca PLAN COMMISSION: UNDER AUTHORITY PROVIDED BY TITLE 36. ACTS OF 1981, P.L. 309 ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA. AND ALL ACTS AMENDATORY OR SUPPLEMENTARY THERETO, AND AN ORDINANCE ADOPTED BY THE COMMON COUNCIL OF THE CITY OF CL. INDIANA, THiS PLAT WAS GIVEN APPROVAL BY THE CITY OF CARMEL, AS FOLLOWS: MW ADOPTED BY THE CARMEL PLAN COMMISSION AT A MEETING HELD -11101M— 199 CARMEL PLAN COMMISSION BYr� DIRECTOR Y DEPARTMENT OF COMMUNITY DEVELOPMENT CARMEL. INDIANA oafoMW 3 CURVE DATA TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C-1 275.00 89.78 45.30 89.39 S18-06 04 E 18'42 23 C-2 300.00 169.93 87.31 161.6 S11'13'37E 32'27'16 C-3 325.00 184.09 94.59 181.64 S11'13 3 E --3-2--27'16 SHEET 2 OF 4 JOB # 81 o.08 FOSTER ESTATES SECTION 8-A DEED OF DEDICATION AND PROTECTIVE COVENANTS: The undersigned, QUADRANT DEVELOPMENT COMPANY, INC., by STEVE SCHUTZ. President, and C. WILLIAM WRIGHT. Secretary, being the owners of the within described real estate, do hereby lay off, plat and subdivide the some into lots, public ways and easements in accordance with the within plot. The within plat shall be known and designated as FOSTER ESTATES SECTION 6—A. an addition in Clay Township, Hamilton County, Indiana. STREETS: The streets, together with all existing and future planting, trees and shrubbery thereon, as shown on the within plat are hereby dedicated to the perpetual use of the public for proper purposes, reserving to the dedicators, their successors or assigns, the reversion or reversions thereon, whenever discontinued by law. Maintenance of the island area at the entrance shall be the responsibility of the Homeowners Association. BUILDING LOCATION: No building or structure shall be located on any lot nearer to the front lot line or nearer to the side street lot line (comer lots) than the minimum building setback lines as shown on the within plat. EASEMENTS: There ore strips of ground as shown on the within plat marked D.U. do S.E. (Drainage, Utility and Sewer Easement) which are reserved for the use of public utility companies, Including cable television companies, but not including transportation companies, for the installation and maintenance of mains. ducts, poles. lines, wires, sewers and drains, subject at all times to the proper authorities, and to the easements herein reserved. No permanent or other structures shall be erected or maintained on said strips except for fences, driveways and walkways. The owners of such lots In this addition, however, shall take their title subject to the rights of the public utilities and other owners of said tots in this addition to said easements herein granted for ingress and egress In, along and through the strips so reserved. LAND USE: All numbered lots in this addition shall be designated as residential lots. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling. No hotel building, boarding house, mercantile or factory building or buildings of any kind for commercial use shall be erected or maintained on any lot within this addition. TEMPORARY STRUCTURES: No trailer, tent, shock, basement, garage, barn or other outbuilding or temporary structure shall be used for temporary or permanent residential purposes on any lot In this addition. FLOOR AREA: No one—story dwelling shall be erected on any lot in this addition having a main floor area of less than 1900 square feet and no residence with more than one—story shall have a main floor area of less than 1300 square feet exclusive of open porches and garages. LAND USE: No building shall be erected placed or altered on any building plot in this addition until the buMding pians, specifications and plot pian 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 a committee ("Architectural Control Committee") composed of the undersigned owners of the within described real estate. or by their duly authorized representative. In the event of the death or resignation of any member of sold 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 some, the owner may proceed then with the building according to the plans as approved. Neither the committee members nor the designated representatives shall be entitled to any compensation for services performed pursuant to this covenont. NUISANCES: No noxious or offensive trade shall be carried on upon any lot in this addition nor shall anything be done thereon which shall be or become a nuisance to the neighborhood. STORM WATER DRAINAGE: in the event storm water drainage from any lot or lots flow across another lot, provision shall be made to permit such drainage to continue without restriction or reduction (artificial and/or natural) 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 the within plat. the detention area maintenance shall be the responsibility of the Homeowners Association. THIS INSTRUMENT WAS PREPARED BY STEVE SCHUTZ, PRESIDENT QUADRANT DEVELOPMENT CO., INC. Instrument F . d for Record in .. sfi k N a K. fjo J FENCES: No fence shall be erected on or along any lot line, nor on any lot. the purpose of which will be to obstruct reasonable vision, light or air, and all fences shall be kept in good repair or erected reasonably so as to enclose the property and decorate the same without hindrance or obstruction to any other property. No fence shall be erected between the front property lines and the building setback line other than a fence of a decorative nature not exceeding three (3) feet in height. No fences shall be erected in detention easements. 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 pets may be kept, provided that they ore not kept, bred. or maintained for any commercial purposes. LIGHTS: It shall be the responsibility of the builder to erect and maintain a "dusk tal dawn" type light In front of their respective front yards prior to or at the completion of that building site. SIDEWALK: A sidewalk no less than four (4) feet in width shall be required across that portion of a lot which is considered the frontage, Installation and maintenance of sold sidewalk shall be the responsibility of the individual lot owners. ENFORCEMENT: If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of these covenants, restrictions, provisions or conditions herein, It shall be lawful for any other person owning any real property situated In this addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant, and either to prevent him or her or them from doing so. or to recover damage or other dues for such violation. ENFORCEMENT. 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 iota in this subdivision and to their heirs and assigns. TERM: The within covenants. limitations. and restrictions are to run with the land and shall be binding on all parties claiming under them. These covenants shall be in full force and affect for a period of twenty—five (25) years from recording date. at which time said covenants shall be automatically extended for successive periods of ten (10) years unless by vote of the majority of then owners of the lots. it is agreed to change the covenants in whole or in part. invalidation of any of the covenants by )udgment or court order shall In no wise affect any of the other provisions which shall remain in full force and effect. �SF�fi 5/y/k TtyP� $FAM1 — In witness whereof. the undersigned h ve her to caused Its and their names to be subscribed this _��_ day of State of Indiana ) SS: County of Hamilton ) Before me. 9 notary public in„and for the county and state, personally appeared and acknowledged the execution of the foregoing instrument as its voluntary act and deed and affixed his signature thereto. Witness my signot and notarial seal this coy of 199 r Notary Publl� County of Quadrant Development Company, Inc. BY Ste ”- Klutz. President, Quadrant Development Company, Inc. SHEET 3 OF 4 JOB # 810.06 ME 4\610Vra\6►\a1oo6APL FOSTER ESTATES SECTION 6- A SECONDARY PLAT i i • 9609636312 MR INDIANA MARY1 CL On #4 . . PG ( suat Ito HOMEOWNIM ASSOCIA11ON COANANTS There has been or will be created, under the laws of the State of Indiana, a 7. Special Assessments for Capital Improvement and Operating Deficits. In not—for—profit corporation to be known as 'Foster Estates Homeowners addition to the monthly assessments authorized above, the Homeowners Association, ihc.', or an organization of similar name. which Is referred to as the Association may bvy a special assessment for the purpose of defraying, In 'Homeowners Association'. Every owner of a residential lot in Section 6—A of whole or In part, the cost of any construction, reconstruction, repair or Foster Estates, a subdivision located in Hamilton County, Indiana (hereinafter C. Covenant for Assessments. replacement of any capital Improvement which the Homeowners Association referred to as 'Subdl*lon' such term indudkl d other sections of Foster t Creation of the Lien and Personal Obligation of Asseamments. Each owner may from time to tine ince, provided that my such assessment shall Estates platted and recorded prior to, contemporaneously with or subsequent to of any lot by acceptance of a deed therefore, whether or not it shag be have the assent of two—thirds (2/3) of the votes of the members who the recording of the within plat lying within the boundaries of that certain parcel so expressed in such deed, is deemed to covenant and agree to pay to are voting in person or by proxy at a meeting drily called for this purposc of red estate described In that certain warranty deed from Hazel Foster to the Homeowners Association: (1) annual assessments or charges for a Effect of Nonpayment of Assessments: Remedies of the Homeowners Quadrant Development Campony. Inc. ('Developer") dated 12—W86, and recorded maintenance, insurance, taxes and other casts and expenses Incurred by Assodotion: If any assessment (of monthly Installment of such. as Plot Book 362, Page 363 in the office of the Recorder of Hamilton County, the Homeowners Association and. (2) special assessments for capital assessment, if applicable) is not paid on the dote when due, then the Indiana) shag be a member of the Homeowners Association and "I be subject to improvements and operating deficits. Such assessments sinal be entire unpaid assessment shall became delinquent and shag became, d the requirements and limitations imposed in ifheee Cannants. including those established and collected as hereinafter provided. The annual and special together with such Interest thereon and cost of collection thereof as provisions with respect to the payment of assessments. ossessment% together with interest coats, and reasonable ottameys fees. hereinafter provided, a continuing lien on the lot, binding upon the then shag be a charge on the lot and shall be a continuing Ilan upon the owner, his heirs, devisees, successors and assigns. The personal obligation A.. The Homeowners Association shag be gowned in accordance with Its property ogoinat which each such assessment is made. Each such of the then owner to pay such assessments, however, shag remain his Articles of incorporation and Bylow% including but not linfted to, the assessments, together with Interest costs, and reasonable attorneys' fees, personal obligation and shag not pass to his successors In title unless terms and conditions as contained ion thews Covenants. shag also be the personal obligation of the person who was the owner of expressly assumed by them. If the assessment Is not paid within thirty such property at the time when the assessment was duo The personal (30) days after the delinquency date, the assessment shag bear interest a passes of Membership. The Homeowners Association shag have two dosses obligation for delinquent assessments shag not pass to his sdxosssors In from the date of delinquency at the rote of Interest allowed by law on of voting members: tithe unless expressly assumed by them judgments, but. In no event less than 12% per annum, and the 1. Paas A. Class A members "I be all owners with the exception of 2. Purpose of Assessments. The assessments levied by the Homeowners Homeowners Association may bring on action at law against the owner the Developer and shag be entitled to one vote for each lot owned Association shag be used exclusively to promote the health, safety, and personally obligated to pay the some or to foreddo$$ the pain ogohst the Men more than one person holds an interest In any lot. all such welfare of the residents in the Subdivision and for the improvement and property, or both, and there shag be added to the amount of such persons shall be members. The vote for each lot sinal be exercised as maintenmas of the areas owned and operated by the Ho ne mm" assessment the coats of preparing and fling the complaint in such action; they among themselves determine, but in no event shag more than one Association. including any recreational arem bulding, improvements, and In the event a judgment is obtained, such judgment shag include vote be cost with respect to any lot. fbdw" and equipment. interest on the assessment as above provided and reasonable attorneys 3. Pro—rata Shore. Each owner shag pay a pro—roto share of any fees to be fixed by the court, together with the costs of the action. No 2. Class B. The pose B member shot be the Developer, who shag be assessments or apecdai assessments fixed, established or determined from owner may waive or otherwise escape fiablllty for the assessments entitled to three hundred three (303) votes until such time as the time to time as hereinafter provided. The pro—tato share of each owner provided for herein by abandonment of his lot. Developer owns no lots, at which time it shag surrender its membership for purposes of this paragraph shill be the percentage obtained by 9. Subordination of the Lien to Mortgages The lien of the assessments to the Class A manbers. The pose B memtwship aha cease and be dividing one by the told number of members of the Homeowners provided for herein shall be subordinate to the glen of any first mortgoge. converted to pass A membership on the happening of either of the Association. Sags or transfer of any lot shag not affect the assessment lien. No We following events, wtac w or oarllor occurs: 4. Basis of Annual Assessments. The Board of Directors of the Homeowners or transfer shag relieve such lot Iran iloblity for any assessments a. On the date the Developer soft the last lot that it owns In the Association shbil establish an annual budget prior to the beginning of each thereofter becoming duo or from the lien thereof. Provided. however, the Subdivision, and the Developer no la►ger• owns on lots or Ind In fiscal year. setting forth all anticipated expenses for #n coming fiscal sale or transfer of any lot pursuant to the foredosurs of any first the &WIvision; or year (with appropriate allocations for expenses attributed to any shared mortgage on such lot (without the necessity of joining the Homeowners b. On January 1. 2001. facilities), together with a reasonable allowance for contingencies and Assodation in any such foreclosure action) or any proosoodkgs or deed In reserves for periodic repot and replacement of the Association Property. lieu thereof shag extinguish the gen of all assessments becoming due prior A copy of this budget shall be delivered to each owner within thirty (30) to the dote of such ode or transfer. days prior to the beginning of each flood year of the Homeowners 10 initial Assessments During the first year following the date of recordation C. Board of Directors The members of the Homeowners Association shall Association. of these Covenants, the total assesernents per lot per year shag not elect a Board of Directors of the Homeowners Association as prescribed by 5. Basis of Special Assessments. Should the Board of Directors of the exceed Tues Hundred fifty Dollars (1350.00). In each yaw thereafter, the the Homeowners Associations By—Laws. The Board of Directors shag Homeowners Association at any the daring the fiscal year determine that total onesements per lot per yea shag not be increased by more than manage the affairs of the Homeowners Association. the assessments levied for such yea may be insufficient to pay the the twelve percent (12X) over the prior year, until such time as the expenses of the Homeowners Association for such year, the Board of Developer relinquishes control of the Homeowners Association. In no event D. Professimd Management. No contact or agreement for profeasiond Directors shag call a special meeting of the Homeowners Association to shall the annual ossessments exceed One Thousand Dollars (1 1000) per management of the Homeowners Association stag be for a term In excess consider Imposing such special ossesaments as may be necessary for year per lot without the approval of a majority of the members; provided, of three (3) years. Any such agreement or contract shall provide for meeting the expenses for such year. A special assessment aha be however, that said maximum amount may be Increased by no more than terminatio by either party with or without rouse without my termination Imposed only with the approval of two—thirds (2/3) of the members Five percent (52) per year by the Bond of Directors without such fee by written notice of ninety (90) day or gas. entitled to vote, and shag be due and poyable on the date(2) determined] consent by such members, or if not so determiasd, then as may be determined by 11 Notice and Worum for Any Action to increase Assessments. Mtitten E. Responsibilities of the Homeowner's Association. the Board of Directors notice of any meeting called for the purpose of increasing the regular or 1. Primary Obligations. The Homeowners Association shag be responsbie 6. Focal Year: Date of Commencement of Assessments Due Dates. The special assessments of the association shag be sent to all members not for the management and control for the exclusive benefit of the fiscal year of the Homeowners Association shag be the calendar year but less than ten (10) dap nor more than sixty (60) days in advance of the members of all property conveyed or leased to It all all improvements,. may be changed from time to time by action of the Homeowners meeting At the first such meeting called, the presence of mamnben or of fixtures and equipment thereon ('Association Propertji and shag keep Association. The annual assessments on each lot In the Development proxies entitled to cast fifty percent (50X) of ag the votes shag the same in good, clem, attractive and sanitary condition, order and shag commence on the fiat day of the fist moth flowing the month In constitute a quorum. if the required quorum Is not present, another repair In compiince with the standards of sound property management which Developer fist coveys ownership of any lot to an owner, provided. meeting may be caged subject to the some notice, requirement and the 2. insurance. The Homeowners Association may procure and maintain that N any lot Is first occupied for residential purposes prior to being requirement and ths required quorum at the subsequent meeting shall be casualty insurance, ffabli ty kwxonc a (Including directors and officers' conveyed by Developer, full assessments shag be payable with respect to one—half (1/2) of the required quorum at the preceding meeting No insurance) and such other insurance as it deems necessary or advisable. such lot commencing on the fist day of the first month flowing the such subsequent meeting shag be held more than sixty (60) days flowing 3. Contracts for Services. The Homeowners Association may contract for date of such occupancy. However, the Developer shag be liable for and the preceding meeting. Nothing contained in this porogroph shag be such service as management, snow removd, security cmtrol, trash shag make up any deficit In the budget for the expenses for any yew construed to limit the ability of the Developer or the Board of Directors to removal, and such other services as the Homeowners Association deans which Developer controls the Homeowners Association. The fiat annual irwreose assessments up to the amount permitted herein. necessary or odvisoWe. assessment sinal be mode for the balance of the fiscal year of the Homeowners Association In which such assessment is mode and shill be F. Recreation Faclitles. Developer intends, but is not obligated, to construct deme due and payable oo nmencing on any date(2) fixed by the Board of certain recreational facilities for the benefit of the lot owners in the Directors. The annual assessment for each year after the first assessment Subdivision including Section 6—A owners not required to be members of yea shag be due and payable an the first day of sock fiscal year of the the homeowners Association because their ownership of their lot was Homeowners Associotlom Annual assessments shall be due and payable in obtained prior to the requirements of these Declaration. or other full as of the above dots. except that the Board of Directors may from declaration being In place ('Non—Member Owner or Owners*:) may became time to time by resolution authorize the payment of such assessments in members of the Homeowners Association by. (1) paying such Initlation monthly, quarterly. or semi—annual installments. The Homeowners fees, If any; as determined by the Homeowners Association and (2) Association shag, upon demand, and for a reasonable charge. furnish a executing covenants that will be recorded, *11 run with the lot owned by certificate in recordable form signed by an officer of the Homeowners the No—member Owner and the No—member Owner's successors and Association setting forth whether the assessments on a spedfied lot have assigns, which covenants accept and ogres to be bound by all the been paid. A properly executed c atifecate from the Homeowners provisions herein relating to the Homeowners Association, Including without Association regarding the status of assessments for any lot shag be limitation, the payment of assessments. The recreation focifties may be binding upon the Homeowners Association as of the date of its issuance. opened to the general public under such terms. conditions and rules as determined by the Homeowners Association. THIS INSTRUMENT WAS PREPARED BY STEVE SCHUTZ. PRESIDENT QUADRANT DEVELOPMENT CO.. INC. SHEET 4 OF 4 JOB / 610.06