HomeMy WebLinkAboutRecorded Declaration of Covenants, Conditions & Restrictions - 10-25-16DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF
ALBANY PLACE
2016056164 SPM
$75.00
10/26/2016 01:57 1 33
Jennifer Hayden
HAMILTON County Recorder
Recorded as Presented
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THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF ALBANY PLACE is made this 191 day of October, 2016 by Albany Place Developer, LLC
an Indiana limited liability company (the "Declarant');
WITNESSETH:
WHEREAS, Declarant is the owner of certain property, located in City of Carmel,
Hamilton County, Indiana, which is more particularly described in what is attached hereto and
incorporated herein by reference as Exhibit "A" (the "Real Estate"); and
WHEREAS, the real estate located in Hamilton County and particularly described in
what is attached hereto and incorporated herein by reference as Exhibit `B", along with all real
estate contiguous therewith, shall hereafter be referred to throughout this Declaration as the
"Additional Real Estate";
WHEREAS, the word "Property" as used throughout this Declaration shall mean the
Real Estate together with such portions of the Additional Real Estate as may be made subject to
this Declaration per the terms of Article III below;
WHEREAS, Declarant desires to subdivide and develop the Property and in connection
therewith, to impose certain covenants, conditions and restrictions on the Property.
NOW, THEREFORE, the Declarant hereby declares that all of the Lots (defined below)
in the Property, as they are held and shall be held, conveyed, hypothecated, or encumbered, leased,
rented, used, occupied, and improved, are subject to the following covenants, conditions, and
restrictions, all of which are declared to be in furtherance of a plan of the improvement and sale of
the Property and each Lot situated therein, and are established and agreed upon for the purpose of
enhancing and protecting the value, desirability and attractiveness of the Property as a whole and
each of the Lots situated therein. This Declaration shall run with the Property and shall be binding
upon and inure to the benefit of the Declarant and upon the parties having or acquiring any interest
in the Property or any part or parts thereof.
IN
ARTICLE I
The following are the definitions of the terms as they are used in this Declaration:
Section 1.1 "Applicable Laws" means all federal, state and local laws, statutes,
regulations and ordinances that are applicable to the Property.
Section 1.2 "Architectural Control Committee or ACC" shall mean the Architectural
Control Committee, as more fully described in Article VII of this Declaration.
Section 1.3 "Association" shall mean the Albany Place Homeowners Association, Inc.,
a not-for-profit corporation, the membership and power of which are more fully described in
Article X of this Declaration.
Section 1A "Board" or "Board of Directors" shall mean the Board of Directors of the
Albany Place Homeowners Association, Inc. and "Director" shall mean any member of the Board
of Directors.
Section 1.5 "Builder" means a person or entity (i) regularly engaged in the business of
constructing single-family residences for sale and responsible for the original construction of a
residence on a Lot and (ii) deemed by the Declarant, in its sole discretion, to be a Builder.
Section 1.6 "Common Area" shall mean those areas (i) designated on current or future
Plats as a "Block", "Common Area", "C.A" and (ii) any other areas designated by the Declarant
for the common use and enjoyment of the residents of the Property.
Section 1.7 "Declarant" shall mean Albany Place Developer, LLC, and any successors
and assigns of it that it designates in one or more written recorded instruments to have the rights
of Declarant under the Declaration.
Section 1.8 "Declaration" shall mean this Declaration, as from time to time amended.
Section 1.9 "Development Period" means the period of time commencing with
Declarant's acquisition of the Property and ending on the termination of the Class B Membership
in the manner set forth in Section 10.3(B) below.
Section 1.10 "Guidelines" shall mean any standards or restrictions pertaining to various
Lot Improvements that have been established by the Architectural Control Committee.
Section 1.11 "Landscape or Landscaping" shall mean any design element (whether
structural, floral, or earthen) that modifies the visible features of the Lot, and which may or may
not be physically connected to a Residence.
Section 1.12 "Lot" shall mean any home site, for the construction of a Residence,
identified on a Plat that is recorded in the Office of the Recorder of Hamilton County, Indiana.
Section 1.13 "Lot Improvement" shall mean any addition to or modification of any part
of the Lot, including the exterior of the Residence.
Section 1.14 "Official Zoning Ordinance" shall mean the Zoning Ordinance of the City
of Carmel, Indiana, as amended from time to time.
Section 1.15 "Owner" shall mean the record owner, whether one or more persons or
entities, of the fee simple title to any Lot which is a part of the Property, including contract
sellers, but otherwise excluding those having such interest merely as security for the performance
of an obligation. Unless specifically indicated to the contrary, the term "Owner" shall include
the Declarant.
Section 1.16 "Person" shall mean an individual, firm, corporation, partnership,
association, trust or other legal entity or any combination thereof.
Section 1.17 "Plat" shall mean the subdivision plats of the Property which are recorded
with the Recorder of Hamilton County, Indiana.
Section 1.18 "Pond Area" means any Common Area, or portion thereof, on which a
Pond now exists or is later constructed by Declarant and "Pond" means a body of water which
now exists or is later constructed by Declarant in a Pond Area,
Section 1.19 "Residence" shall mean any structure intended exclusively for occupancy
by a single family together with all appurtenances thereto, including private garage and
recreational facilities usual and incidental to the use of a single-family residential lot.
Section 1.20 "Special Use" shall mean any use defined or identified in any applicable
zoning ordinance as a "Special Use".
ARTICLE II
CHARACTER OF THE DEVELOPMENT
Section 2.1. In General. Lots may be used only for residential purposes. All Property
located within a Plat that has not been designated by numbering shall be used in a manner
determined by the Declarant. Lots may be used only for single-family residential purposes and
only one Residence may be constructed thereon. No portion of any Lot may be sold or subdivided
such that there will be thereby a greater number of Residences in the Property than the number of
Lots depicted on the Plat. Notwithstanding any provision in the Official Zoning Ordinance to the
contrary, no Lot may be used for any "Special Use" that is not clearly incidental and necessary
to single family dwellings.
Section 2.2, Other Restrictions. All Property shall be subject to the easements,
restrictions, and limitations of record and rights-of-way, and also to all Applicable Laws.
ARTICLE III
ADDITIONS TO AND WITHDRAWALS FROM THE PROPERTY
Section 3.1 Additions. As of the date of the execution of this Declaration, the Property
consists solely of the Real Estate. Declarant shall have the right, and hereby reserves on to itself
the unilateral right, at any time, and from time to time, at any time prior to the end of the
Development Period, to add to the Property and subject to this Declaration all or any part of the
Additional Real Estate; provided, however, that the addition of any parts of the Additional Real
Estate not owned by the Declarant at the time the same are subjected to this Amenity Declaration
shall require the written consent of such Owner. Any portion of the Additional Real Estate shall
be added to the Property, and therefore and thereby becomes a part of the Property and subject
in all respects to this Declaration and all rights, obligations, and privileges herein, when
Declarant places of record in Hamilton County, Indiana, a written instrument or written
statement so declaring the same to be part of the Property, which written instrument or written
statement may be contained in a Plat, or an amendment or supplement to this Declaration. Any
such written instrument or written instrument may contain modifications hereto and additional
terms, conditions, restrictions, maintenance obligations, and assessments as may be necessary to
reflect the different character, if any, of the Additional Real Estate.
Upon recording of any such instrument on or before the end of the Development Period,
the real estate described therein shall, for all purposes, thereafter be deemed a part of the Property
and the Owners of any Lots within such real estate shall be deemed for all purposes, to have and
be subject to all of the rights, duties, privileges, and obligations of Owners of Lots within the
Property. No single exercise of Declarant's right and option to add and expand the Property as to
any part or parts of the Additional Real Estate shall preclude Declarant from thereafter from time
to time further expanding and adding to the Property to include other portions of the Additional
Real Estate, and such right and option of expansion may be exercised by Declarant from time to
time as to all or any portions of the Additional Real Estate so long as such expansion is
accomplished on or before the end of the Development Period. Such expansion of the Property
shall not require the consent of any Person other than the Owner(s) of the property to be added, if
not the Declarant and is entirely at the sole discretion of the Declarant, and nothing contained in
this Declaration or otherwise shall require Declarant to expand the Property beyond the Real
Estate, or to any portions of the Additional Real Estate, which Declarant may voluntarily in its
sole discretion from time to time subject to this Declaration.
Section 3.2 Withdrawals. So long as it has a right to annex or subject to this Declaration
the Additional Real Estate pursuant to Section 3. 1, Declarant reserves the unilateral right in its sole
discretion to amend this Declaration for the purpose of removing any portion of the Property,
which has not yet been improved with Residences, from the coverage of this Declaration. Such
amendment shall not require the consent of any Person other than the Owner(s) of the property to
be withdrawn, if not the Declarant.
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ARTICLE IV
EASEMENTS AND RESTRICTED AREAS
Section 4.1 Designated Easements. The following are easements designated or to be
designated, in the Declarant's sole discretion, upon a Plat:
(A) Designated Regulated Drainage Drainage Utility, Sewer, Sanitary Sewer,
Storm Sewer, and Best Management Practice Easements. There are strips of ground
designated on the Plat as regulated drainage easements, drainage easements, utility
easements, sewer easements, sanitary sewer easements, storm sewer easements, best
management practice easements, or any combination thereof, which are hereby reserved to
the appropriate governmental entities, public utilities, and private utilities for the
installation and maintenance of swales, ditches, pipes, drains, electric lines, gas lines,
telephone lines, fiber optic cable, high speed interact lines, sanitary sewers, manholes,
detention and retention areas or other drainage facilities. Purchasers of Lots shall take title
subject to such easements hereby created and subject at all times to the rights of proper
authorities to service and maintain such drainage facilities and easements, and no
permanent structure of any kind and no part thereof, except fences which do not retard or
impede the flow of drainage water and which are approved by any entity to which the
easement is dedicated, shall be built, erected or maintained on said drainage easements,
except by the Declarant or its assigns. It shall be the responsibility of the Association and
the Owners of the areas enclosed within such drainage easements to maintain such areas in
such conditions that the flow of storm drainage waters on, across and from said areas shall
not be impeded, diverted or accelerated. Such use for storm water movement or retention
or detention is hereby declared to be an easement and servitude upon said land for the
benefit of the Owners of other land included within the Plat, upstream or downstream,
affected by such use and for any proper governmental agency or department or any private
or public utility. All proper governmental agencies or departments and public and private
utilities are hereby given the right to obtain access to such areas to perform maintenance
and to perform such maintenance as may be necessary to protect that easement and
servitude rights. It shall be the responsibility of the Association and the Owner of any Lot
or parcel of land within the Plat to comply at all times with the provisions of the drainage
plan as approved for the Plat by the appropriate governmental agency or department and
the requirements of all drainage permits for such Plat issued by those agencies. Failure to
so comply shall operate as a waiver and release of the Declarant, the developer, or their
engineers and agents from all liability as to damage caused by storm waters or storm
drainage. Further, there are hereby created easements and servitudes upon the land within
the Plat in favor of surface water runoff along natural valleys and drainage channels
running to Owners of other land contained within the Plat, upstream and downstream. It
shall be the responsibility of the Association and the Owners of these natural valleys and
channels to use their land and maintain said natural valleys and channels in such manner
and condition that the flow of storm drainage waters on, across, from and to such areas
shall not be impeded, diverted or accelerated.
(B) Designated Mounding Landscaping and Screening and Sign Easements. Any
strips of grounds shown or designated on the Plat for landscaping including, but not limited
to, landscape easements, landscape maintenance easements, or landscape maintenance
access easements are hereby reserved unto Declarant, during the Development Period, and,
thereafter, unto the Association, for the purposes of (i) providing and maintaining signs
which either advertise the Property and the availability of Lots or identify the Property and
(ii) installing and maintaining landscaping, mounding, fencing, masonry walls, and
screening. Declarant reserves unto itself during the Development Period and thereafter unto
the Association, the exclusive and sole right to erect signs and install landscaping,
mounding, and screening within these strips of ground. Notwithstanding anything in this
Declaration to the contrary, no planting shall be done, and no hedges, walls, fences or other
improvements shall be erected in the area of such easements, except by the Declarant
during the Development Period, and thereafter by the Association or as approved by the
Architectural Control Committee. Furthermore, notwithstanding anything in this
Declaration to the contrary, no planting shall be done, and no hedges, walls, fences,
structures, or other improvements shall be erected between (i) any landscape easement or
landscape maintenance easement and (ii) any perimeter roadway, public highway or right-
of-way along the perimeter or boundary of the Property, except by the Declarant during the
Development Period and thereafter by the Association or as approved by the Architectural
Control Committee..
(C) Tree Preservation Easements. Any strips of ground shown or designated on the
Plat as tree preservation easements are hereby reserved unto Declarant, during the
Development Period, and, thereafter, unto the Association, for the purposes of preserving
existing trees and underbrush, No trees or underbrush shall be removed from the tree
preservation easement areas except (i) where drainage, utilities, streets and other
infrastructure is required to be installed as approved by all applicable government agencies
or utility service providers, (ii) where for trees that are dead or dying due to storm damage,
disease or other natural causes, and (iii) where approved by the municipality.
(D) Pedestrian Access Easements. There are areas of ground designated on a Plat
as pedestrian access easements which are created for the use and enjoyment of the Owners
and their family members and their guests,
(E) Easement Work. Notwithstanding any architectural approval under Article VII
below, during the course of any maintenance, service, repair or work upon any easement,
the Declarant, the Association, any private utility, any public utility, and any governmental
entity shall have the right and the authority, without any obligation, liability or obligation
of replacement, whatsoever to any Owner, to remove, damage, or destroy any fence or
other structure or landscaping built, erected, maintained or planted in any easement
described in Section 4.1 (A) above.
Section 4.2 General Drainage Utility, Sewer and other Development Easements. The
following rights reserved in this Section 4.2 shall not be exercised, after the conveyance of any
Lot, in a manner that (i) unreasonably and adversely affects any Residence or portion thereof
located upon such Lot or the Owner's use or enjoyment thereof, or (ii) unreasonably restricts the
rights of ingress and egress to such Lot. The following rights and easements reserved by Declarant
in this Section 4.2 shall run with the land, and Declarant's right to further alter or grant easements
shall automatically terminate and pass to the Association upon the expiration of any Development
Period.
(A) General Easement. Declarant hereby reserves unto itself during the
Development Period, and thereafter unto any public or private utility, a general easement
("General Drainage, Utility and Sewer Easement") for drainage, utility and sewer purposes
in, on and over all of the Common Area and any Lot, so as to permit the installation and
allow to be maintained all electrical, telephone, water, gas, sanitary and storm sewer,
television (including but not limited to cable and/or satellite) transmission facilities,
security systems and other utility services (including all necessary lines, pipes, wires,
cables, ducts, antennae and other equipment and facilities) to serve any Residence. Any
General Drainage, Utility and Sewer Easement include all areas of the Property outside
any Residence. By virtue hereof, Declarant reserves the right to install a Pond(s) on any
Common Area. The rights hereunder and easements hereby reserved survive the
conveyance, by the Declarant to the Association, of any Common Area. This easement
shall be in addition to any easement identified upon a Plat as a drainage, sewer, utility,
cable, landscape, sign, transmission, flowage or similar type easement.
(B) Pond Easement. Declarant reserves unto itself during the Development
Period, and thereafter unto the Association, an easement ("Pond Easement") and right-of-
way in and to any Pond Area (s) or areas now or hereafter shown on the Plat as a "Block",
"Common Area", or "Pond" or any other Common Area within the Property used as a water
retention or detention area, or on which a Pond now exists or is later constructed, for the
purpose of fulfilling any maintenance obligations set forth in this Declaration and
establishing and maintaining proper surface water drainage throughout the Property,
including dewatering or aquatic maintenance, and an easement of ingress and egress
through so much of the remainder of the Property as is reasonably necessary or appropriate,
to perform such actions as Declarant or the Association deem necessary or appropriate, for
the purpose of establishing and maintaining proper surface water drainage throughout the
Property, which such actions shall include the construction, repair and maintenance of
retention and detention ponds or Ponds in accordance with all Applicable Laws.
(C) Sian and Facility Easement. Declarant reserves unto itself during the
Development Period, and thereafter unto the Association, a general sign and facilities
easement ("Sign and Facilities Easement") giving it the right to install, erect, construct and
maintain an entryway sign or signs, directional signs, advertising signs advertising and/or
identifying the Property or the Lots therein, lighting, walkways, pathways, fences, walls
and any other landscaping, architectural and recreational features or facilities considered
necessary, appropriate, useful or convenient, anywhere upon the Property (except upon any
Lot after the first conveyance thereof). Any such signs and other improvements shall
comply with any Applicable Laws and all such signs and other improvements shall be
maintained by the Association as a part of its Common Area maintenance obligations.
(D) Additional Authority. Declarant reserves unto itself during the
Development Period, and thereafter unto the Association, the full right, title and authority
to:
(i) Relocate, alter or otherwise change the location of any Drainage,
Utility and Sewer Easement, Pond Easement, and/or Sign and Facilities Easement,
or any facility or infrastructure at any time located therein or thereon;
(ii) Grant such further easements, licenses and rights-of-way,
temporary or permanent, exclusive or non-exclusive, surface or otherwise, as
Declarant may deem necessary or appropriate, for ingress and egress, utility and
similar purposes on or within any portion of the Property, for the benefit of the
Property or any portion thereof; and,
(iii) Describe more specifically or change the description of any
Drainage, Utility and Sewer Easement, Pond Easement, Sign and Facilities
Easement and any other easement, license or right-of-way now or hereafter existing
on the Property, by written instrument, amended Plat or amendment to the Plat
recorded in the Office of the Recorder of Hamilton County, Indiana.
(E) The title of (i) the Declarant or the Association to the Common Area owned
during the Development Period and (ii) any Owner of any Lot, shall be subject to the rights
and easements reserved herein.
Section 4.3 Wetland Conservancy Area. A "Wetland Conservancy Area" designated on a
Plat is an area that meets the definition of a wetland by the U.S. Army Corps of Engineers, and is
under the jurisdiction of the U.S. Army Corps of Engineers. All Wetland Conservancy Areas shall
be left in its natural state and shall not be filled, drained, maintained with any chemicals, or
otherwise altered. The use of a Wetland Conservation Area by the Association and any Owner
and the Owner's family members and guests shall be in such a manner as is consistent with
maintaining the Wetland Conservancy Area's wetland function and status. In connection with any
Wetland Conservancy Area constructed on the Property, there may be recorded in the Office of
the Recorder of Hamilton County, Indiana a separate Declaration of Restrictive Covenants for
Conservation describing specific restrictive covenants regarding the Wetland Conservation Area.
ARTICLE V
ADDITIONAL PROVISIONS RESPECTING
SANITARY SEWER UTILITY
Section 5.1 Easements. Sanitary sewer utility easements allow for the construction,
extension, operation, inspection, maintenance, reconstruction, and removal of sanitary sewer
facilities and also give utility companies, whether public or private, as well as any governmental
authorities, the right of ingress/egress.
Section 5.2 Trees. No trees shall be planted directly over building sewers or laterals. Any
landscaping placed within easements or right-of-ways may be removed, damaged, or destroyed by
the applicable utilities without any obligation of repair or replacement.
Section 5.3 Other Obstructions. No mounding, lighting, fencing, signs, retaining walls,
landscaping walls, entrance walls, irrigation lines, or other improvements shall be placed within
ten (10) feet of the center of the sanitary sewer infrastructure. Any of these which are placed within
easements or right-of-ways may be removed by the applicable utilities without any obligation of
repair or replacement.
Section 5.4 Owner's Responsibility. All Owners not serviced by gravity sanitary sewer
service are responsible for all maintenance, repair and replacement of all grinder/ejector pumps,
force mains and gravity laterals from the Residence to its connection to the sanitary sewer main.
Section 5.5 Discharge. The discharge of clear water sources, including, but not limited to,
foundation drains, sump pumps, and roof drains into the sanitary sewers is prohibited.
Section 5.6 Grade Changes. Grade changes across sanitary sewer facilities must be
approved in writing by the applicable utilities, and must comply with Applicable Laws,
ARTICLE VI
COVENANTS AND RESTRICTIONS
Section 6.1 Land Use. Lots may be used only for single-family residential purposes and
only one Residence, not to exceed the maximum height permitted by and measured pursuant to the
Applicable Laws, may be constructed thereon. No portion of any Lot may be sold or subdivided
such that there will be thereby a greater number of Residences, located in any particular platted
area, than the number of Lots depicted on the Plat of such area. Notwithstanding any provision in
the Official Zoning Ordinance to the contrary, no Lot may be used for any "Special Use" that is
not clearly incidental and necessary to single family dwellings.
Section 6.2 Lot Improvements. No Lot Improvement of any type or kind shall be
constructed or placed on any Lot without the prior approval of the Architectural Control
Committee. Exemptions include portable fire pits, portable storage totes/boxes (no greater than
four feet tall and located so as not to be visible from the street), replacement or substitutionary
plantings, and new additional plantings (not exceeding twelve shrubs and/or three trees). In
addition, all improvements including exempted improvements must comply with all municipal
codes and easement restrictions. The Architectural Control Committee's determination may be
obtained only after the Owner of the Lot requesting authorization from the Architectural Control
Committee has made written application to the Committee. Such written application shall include
(i) a completed Lot Improvement Approval (LIA) Request Form (ii) a copy of the Plot Plan or
Surveyor Location Report prepared for the Lot by a professional Engineer or Land Surveyor (iii)
any combination of representative pictures, digital renderings, architectural drawings, or scaled
sketches sufficient enough to articulate the intent of the proposed improvement(s) and (iv) any
other clarifying document that may be required by the Architectural Control Committee.
Notwithstanding anything to the contrary in the foregoing, upon receipt of any written application
which is in form and content acceptable to the Architectural Control Committee in the
Architectural Control Committee's sole and absolute discretion, the Architectural Control
Committee may pre-approve a Builder's plans and specifications for the original construction of
a Residence and, in the event of such pre-approval, the Builder shall then be authorized to
construct the pre-approved Residence on different Lots without further approvals from the
Architectural Control Committee. While not strictly required, it is the Architectural Review
Committee's preference that all approval requests be submitted digitally and in PDF format. An
approval shall neither be considered obtained nor binding without a signature of one of the
Architectural Control Committee members. Prior to installation of approved improvements, it
will be each Owner's responsibility to verify the boundaries of their Lot by obtaining a staked
survey. It will also be each Owner's responsibility to verify where easements may encumber their
Lot (while identified on the Plot Plan, a governing agency will often physically locate their
easement on a Lot if requested) and obtain any necessary permissions or permits to encroach upon
such easements regardless of the Association approving improvements that may be located there.
Furthermore, the Association will not be responsible for any encroachments that may be
committed by an Owner or Person acting on behalf of an Owner.
Section 6.3 Address Identification. The numbers representing the address of each
Residence will be of a uniform appearance and will be displayed in a uniform location and manner,
as determined by the Architectural Control Committee.
Section 6.4 Li tin . All homes will have exterior lights as approved by the Architectural
Control Committee. In the Declarant's sole discretion, street lights may be installed by Declarant
in the utility easements on Lots, in the Common Areas, and in public rights-of-way. During the
Development Period, and in the Declarant's sole discretion, street lights may be operated and
maintained by the Association. After the Development Period, the Association shall have the right
to remove street lights deemed no longer necessary by the Board of Directors, if such removal is
allowed by Applicable Laws.
Section 6.5 Temporary Structures. No trailer, shack, tent, boat, basement, garage or other
outbuilding may be used at any time as a dwelling or Residence, temporary or permanent, nor may
any structure of a temporary character be used as a dwelling or Residence. No temporary structure,
trailer, or other outbuilding shall be placed or erected on any Lot, except by Declarant or a Builder.
Any such temporary structure, trailer, garage, or other outbuilding shall be removed immediately
upon completion of the primary Residence.
Section 6.6 Driveways. All driveways in the Property shall be concrete in material, unless
otherwise approved by the Architectural Control Committee.
Section 6.7 Water Systems. Each Owner shall connect to the water main maintained by a
private or public water utility to provide water for domestic use on the Lot and shall pay all
connection, or other charges lawfully established with respect to connections thereto.
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Section 6.8 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 downstream 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 municipality or local governmental board
having jurisdiction, "Drainage Easements" shall exist in drainage swales and 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. The elevation of a Lot shall not be changed so
as to materially affect the surface elevation or grade of surrounding Lots. Perimeter foundation
drains and sump pump drains shall be connected whenever feasible into a subsurface drainage tile.
Down spouts and drains shall be designed to disperse runoff for overland flow to street or swale
collection systems. Each Owner shall maintain the subsurface drains and tiles located on his Lot
and shall be liable for the cost of all repairs thereto or replacements thereof.
Section 6.9 Signs. Except for such signs as Declarant or Builder may in its sole discretion
display in connection with the identification of development of the Property and the sale of Lots
therein, no sign of any kind shall be displayed to the public view of any Lot except that one (1)
sign of not more than four (4) square feet maybe displayed by an Owner at any time for the purpose
of advertising a Lot or Residence thereon for sale.
Section 6.10 Fencine. This Section 6.9 is applicable to all Lots except those Lots which are
used for a sales office or model home by the Declarant or a Builder. No fence, wall, hedge, or
shrub planting shall be permitted between the front property line and the front building set back
line except where such planting is part of Residence landscaping approved by the Architectural
Control Committee. Trees shall not be deemed "shrubs" unless planted in such a manner as to
constitute a "hedge". In addition to the aforementioned the fencing standards shall be:
(A) No fence may be erected on a Lot without prior written approval of the
Architectural Control Committee.
(B) All fencing erected on a Lot must be located either (i) on, (ii) within three
inches of, or (iii) a minimum of thirty-six inches away from any rear or side property line
of such Lot. An Owner of a Lot adjoining another Lot on which an existing Committee
approved fence has been erected on or within three inches of the common property line
shall have the right to connect a fence to the fence on the adjoining Lot provided that the
new fence satisfies all of the criteria expressed herein and is approved by the Committee.
Such a connection in no way means the abdication of property or establishment of grounds
for adverse possession. If an Owner chooses not to connect to an abutting fence, or cannot
connect due to easement encroachment or other restrictions, then the fence must be a
minimum of thirty-six inches away from the adjoining property line.
(C) Where no common fence is shared, each Owner shall be responsible for
maintaining their portion of the Lot outside of the fence, and has the right to enter the
adjoining Owner's property in order to perform such maintenance. If, however, a common
fence is shared, then each Owner shall only be responsible for maintaining the portion of
property on their side of the fence.
(D) Fences shall not be placed closer to the front one-half of the depth of the
side of the Residence and the public right-of-way, except on a Lot containing a Builder's
model home, and then removed once the model has been sold to a resident.
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(E) No fence shall be allowed within a Tree Preservation Easement. For
proposals that include fence locations within Drainage and Utility Easements the
Committee may issue a "conditional approval' which requires the Owner to obtain written
permission to encroach from the Grantee of the easement. If permission is not obtained or
alternate restrictions are imposed by the Grantee, the Owner needs to adjust the location of
the fence to avoid the easement altogether or to accommodate such alternate restrictions
imposed by the Grantee (provided that the fence be located a minimum of thirty-six inches
away from the property line).
(F) Owners shall be responsible for obtaining any and all required building
permits.
(G) Prior to fence construction Owners shall be responsible for determining the
location of their property lines by having their property corners staked by a Professional
Engineer or Land Surveyor or by physically locating previously installed lot corner
monuments. Neither the Committee nor the Board shall be responsible for mediating
property disputes between residents.
(H) All fence construction shall be comprised of black wrought iron or other
similar appearing material such as extruded aluminum or composite material.
(I) No fence shall exceed sixty inches in height. However, fences constructed
on a Lot "adjacent' to a pond (i,e. if side yard Lot lines were to intersect any part of a pond
when extended) shall be restricted to a maximum height of forty-eight inches in the rear
yard portion of the Lot commencing at the rear corner of the home.
(J) All fences shall be of professional quality construction and kept in good
repair.
(K) Proposals for food garden enclosures and privacy screens shall be reviewed
independently from the aforementioned standards and subjectively according to site-
specific conditions.
Section 6.11 Nuisances. If the Board determines that a noxious or offensive activity is
carried on upon any Lot that the Board deems to be an unreasonable annoyance or nuisance to any
other Owners, then the Owner of the Lot causing the annoyance or nuisance shall immediately
discontinue such noxious or offensive activity..
Section 6.12 Garbage and Refuse Disposal. Trash collection services, at the time of the
recording of this Declaration for the Development, may be provided for by the City of Carmel and
billed to each Resident. If at a future date trash service is no longer provided by the City of Carmel,
then trash collection services shall be provided only by an entity selected and designated by the
Association. No Lot shall be used or maintained as a dumping ground for trash. Rubbish, garbage
or other waste shall be kept in sanitary containers out of public view from the street (either within
the garage or behind a Committee -approved fence or screen as may be further defined in the
Guidelines), except for a period of time not more than 24 hours prior to, and 12 hours after the
removal thereof, when it may be placed at the curb of the Lot. All equipment for storage or disposal
of such materials shall be kept clean and sanitary.
Section 6.13 Pets, Livestock and Poultry. 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 are not kept, bred, or maintained for any commercial purpose. The owners of
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such permitted pets shall keep them in accordance with all municipal codes and ordinances. No
dangerous or potentially dangerous pets, such as exotic animals (large wild cats, wolves, alligators,
snakes which are poisonous or longer than two feet, poisonous spiders, and so on) shall be
permitted to exist in a Residence or on a Lot without the unanimous consent of the Board of
Directors; provided, however, that the decision of the Board of Directors to permit such animal or
animals may be overturned by a majority vote of the members of the Association at any meeting.
No pet shall be allowed to spend the night outside the dwelling unit on a Lot.
Section 6.14 Outside Burning. No trash, leaves, or other materials shall be burned upon a
Lot unless it is in compliance with all Applicable Laws for outside burning.
Section 6.15 Antennae Systems. To the extent not inconsistent with federal law, exterior
television and other antennae, including satellite dishes, are prohibited, unless approved in writing
by the Architectural Control Committee. The Architectural Control Committee may adopt rules
for the installation of such antennae and/or satellite systems, which rules shall require that antennae
and satellite dishes be placed as inconspicuously as possible from public view from the street. It
is the intent of this provision that the Architectural Control Committee shall be able to strictly
regulate exterior antennae and satellite dishes to the fullest extent of the law and should any
regulations adopted herein or by the Architectural Control Committee conflict with federal law,
such rules as do not conflict with federal law shall remain in full force and effect.
Section 6.16 Exterior Lights. Except on Lots on which there is maintained a sales office
or model home by the Declarant or a Builder, no permanent 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.
Section 6.17 Common Areas Entrances Street Signs and Landscape Easements. None of
the following shall be installed or constructed without prior written approval thereof by the
Architectural Control Committee: (i) any landscaping, fences, structures, lighting, walking trails,
sidewalks, or other improvements located in any Common Area, landscape maintenance access
easement, landscape easement or sign easement, (ii) any entrance monument or signage identifying
the Property or any section thereof and (iii) street signage.
Section 6.18 Association's Right to Perform Certain Maintenance. In the event that the
Owner of any Lot shall fail to maintain his or her Lot and any improvements situated thereon in
accordance with the provisions of this Declaration, the Association shall have the right, but not the
obligation, by and through its agents or employees or contractors, to enter upon said Lot and repair,
mow, clean or perform such other acts as may be reasonably necessary to make such Lot and
improvements situated thereon, if any, conform to the requirements of these restrictions. The
corresponding costs incurred by the Association shall be assessed to the Owner and shall constitute
a lien on such Owner's Lot. The Owner of such Lot shall reimburse the Association within thirty
(30) days of the date on which the Owner is invoiced by the Association. The Association shall
have the right to collect any amounts due and owing under this Section 6.17 in the same manner
as assessments are collected per the terms of Article XI below, together with reasonable attorney's
fees and costs of collection. Neither the Association nor any of its agents, employees, or contractors
shall be liable for any damage that may result from any maintenance work performed hereunder.
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Section 6.19 Awnings. Except on Lots on which there is maintained a sales office or model
home by the Declarant or a Builder, or as approved by the Architectural Control Committee, no
metal, wood, fabric, fiberglass or similar type material awnings or patio covers are permitted
anywhere on the Property.
Section 6.20 Diligence in Construction. Subject to inclement weather, every Residence
shall be completed within fifteen (15) months after the commencement of the construction thereof.
For cause shown, this fifteen (15) month period may be extended by the Architectural Control
Committee. No improvement which has partially or totally been destroyed by fire or otherwise
shall be allowed to remain in such state for more than three (3) months after the time of such
destruction or damage or, if approval of the applicable casualty insurance is pending, then within
three (3) months after such approval is forthcoming.
Section 6.21 HVAC Units. No heat pumps, air conditioning units or gas meters shall be
installed in the front of the Residence. Window units are prohibited.
Section 6.22 Pond and Pond Area(s). Except as otherwise provided, no individual using
a Pond, if any, has the right to cross another Lot or trespass upon shoreline not within a Common
Area owned by the Association, subject to the rights of the Declarant, the Association, their
employees, heirs, successors and assigns as set forth in the Declaration. No one shall do or permit
any action or activity which could result in pollution of any Pond, diversion of water, elevation of
any Pond level, earth disturbance resulting in silting or any other conduct which could result in an
adverse effect upon water quality, drainage or proper Pond management, except as provided in
this Declaration. A Pond may not be used for swimming, ice skating, boating, or for any other
purpose, except for (i) drainage of the Property and (ii) fishing from the shoreline of the Pond by
Owners and their family members and guests, unless expressly and specifically approved by the
Board of Directors in writing and allowed by law. Ponds and Pond Areas may or may not exist on
the Property, and the reference throughout this Declaration to Ponds and Pond Areas is made in
order to address Ponds and Pond Areas, if any, which now exist or are later constructed upon the
Property. The installation on the Property of any Pond or Pond Area shall be within the sole
discretion of the Declarant, and under no circumstances shall the Declarant be required or obligated
to install any Pond or Pond Area. Only the Declarant and the Association shall have the right to
store items or develop recreational facilities upon any Common Area including, without limitation,
Common Areas on which a Pond exists.
Section 6.23 Mailboxes. All mailboxes and posts must be approved by the Architectural
Control Committee and shall be standard as to size, location, post, design, height, material,
composition and colors. The Builder shall install the initial mailbox for each Lot, meeting the
above criteria, at the Lot Owner's expense. The Owner shall, at the Owner's expense, maintain,
repair, replace and paint said mailbox and post in conformance with all other mailboxes.
Section 6.24 Maintenance of Lots and Improvements. Each Owner shall at all times
maintain the Lot and any improvements situated thereon in such a manner as to prevent the Lot or
improvements from becoming unsightly and, specifically, such Owner shall:
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(A) Mow the Lot at such times as may be reasonably required in order to prevent
the unsightly growth of vegetation and noxious weeds. Additionally, all Lots shall be free
of weeds and properly irrigated in order to maintain a good and healthy appearance;
(B) Remove all debris or rubbish from the Lot;
(C) Prevent the existence of any other condition that tends to detract from or
diminish the aesthetic appearance of the Property;
(D) Cut down and remove dead trees from the Lot; and,
(E) Within sixty (60) days following completion of a Residence, or an
alternative date approved by the Architectural Control Committee in writing, or unless
delayed by adverse weather conditions, the Owner shall landscape the Lot in accordance
with the provisions set forth in this Declaration and the Owner's lot development plan
approved by the Architectural Control Committee.
Section 6.25 Clothes Lines. No clotheslines may be erected on any Lot.
Section 6.26 Outbuildings and Dog Houses. Any and all forms of outbuildings, including
but not limited to, sheds, storage sheds, and dog houses, which are not directly connected to the
main house on any Lot are prohibited, unless the same are necessary or incident to the Declarants,
Builder's or Association's business or activities upon the Property; provided, however, that
permanent structures such as a pool house which is used for changing and/or showering, a gazebo
or an architectural pavilion not used as sleeping quarters, which (i) is constructed on a foundation
with footers, (ii) is architecturally consistent with and uses the same exterior building materials as
the Residence, and (iii) is approved by the Architectural Control Committee, shall be allowed. All
Structures that are connected to the Residence must be approved by the Architectural Control
Committee, shall share at least one wall with the Residence, and have visual and construction
quality that matches or compliments that of the Residence.
Section 6.27 Play Equipment. Children's play equipment such as sandboxes, temporary
swimming pools having a depth of eighteen (18) inches or less, and swing and slide sets shall not
require approval by the Architectural Control Committee, provided that (i) such equipment is not
more than eight (8) feet high (to the highest point of the structure) and properly painted and
maintained by the Owner in good repair, (ii) such equipment is located in the rear yard of the Lot
between the parallel lines defined by extending the side lines of the residence into the rear yard of
the Lot, and (iii) any swing and slide sets are constructed of wood. Metal play equipment of any
size must be approved by the Architectural Control Committee. Prior approval by the
Architectural Control Committee of the design, location, color, material and use of any equipment
greater than eight (8) feet in height shall be required. Trampolines are prohibited.
Section 6.28 Plumbin¢. All plumbing vent stacks are to be located on the rear of the
Residence unless an alternative location is approved by the Architectural Control Committee.
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Section 6.29 Subsurface Drains and Sump Pump Discharges. Subsurface drains may have
been provided in certain areas within drainage easements as additional storm and ground water
drainage sources and are part of the public storm drainage system. Subsurface drain laterals have
been provided on specific Lots, and the Builder on such Lots shall connect all sump pump
discharge lines to such laterals. All maintenance and repair of all sump pump discharge lines and
subsurface drain laterals shall be the responsibility of each Lot Owner in accordance with the
following:
(A) The areas of Owner responsibility include all sump pump lines and
subsurface drain laterals between the connection at the sump pump within the home and
the connection with the publicly maintained storm sewer or subsurface drain within the
drainage easement.
(B) In cases where subsurface drain laterals are connected along a common
property line before connecting to the storm sewer, maintenance and repair of the common
lateral will be shared equally by the adjacent Owners unless an individual Owner caused
the lateral to be damaged, changed or altered.
(C) Any Owner or Builder damaging, changing, or altering these subsurface
drains or common subsurface drain laterals shall be responsible for such action and will be
given ten (10) days' notice, to repair said damage, after which time, if no action is taken,
the appropriate jurisdictional agency, Declarant or the Association may cause said repairs
to be accomplished and the invoice for such repairs will be sent to the responsible Owner(s)
and/or Builder(s) for immediate payment. If immediate payment is not received, the
amount owed shall be a lien on the subject Lot and Residence and the Declarant and/or the
Association shall have all the rights and remedies to collect any outstanding amounts as
outlined hereafter in Article XI of this Declaration.
Section 6.30 Swimming Pools and Hot Tubs. Only permanent, in -ground, professionally
constructed pools, which are approved by the Architectural Control Committee, shall be permitted
upon a Lot. All submittals to the Architectural Control Committee shall include landscape plans.
All backyard pools shall be oriented to minimize the potential effect on neighboring Lots, shall be
enclosed by a fence which obstructs unauthorized access or shall have an automatic pool cover,
and shall comply with all other Applicable Laws. All fencing shall conform to county or municipal
regulations and shall be of harmonious design and subject to Architectural Control Committee
approvals, Hot Tubs must also be approved by the Architectural Control Committee.
Section 6.31 Tennis Courts Racquetball Courts Paddleball Courts and so on. Tennis
courts, racquetball courts, paddle ball courts, basketball courts, squash courts, and other
recreational facilities or sporting facilities are not permitted; provided, however, that basketball
goals may be installed on a Lot adjacent to driveway without Architectural Control Committee
approval so long as they are permanent and have clear fiberglass or glass backboards supported by
black posts. No basketball goal or backboard shall be permitted to hang from or be affixed to the
Residence or garage. Temporary or portable basketball goals and courts are not permitted.
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Section 6.32 Vents. All metal and PVC roof or range vents shall be painted to blend with
roof color.
Section 6.33 Windows -Doors. If storm doors are installed, they must be painted to match
or compliment the exterior of the Residence, and must be approved by the Architectural Control
Committee. No unfinished aluminum doors or windows are allowed. All curtains, blinds or other
window coverings shall be tasteful and commensurate with the architecture, design and appearance
of Residences on the Property.
Section 6.34 Street Signs. Decorative street signs that do not conform to applicable
municipal standards may be installed by Declarant in the Declarant's sole discretion. Such
decorative street signs, if any, shall be maintained by the Association, and shall be repaired or
replaced by the Association, if damaged, in accordance with Applicable Laws.
Section 6.35 Fuel Tanks. All above or below ground storage tanks, with the exception of
gas storage tanks used solely in connection with gas grills for the purpose of grilling or cooking
food, are prohibited.
Section 6.36 Garbage and Other Refuse. No Lot Owner in the Property shall bum or permit
the burning out-of-doors of garbage or other refuse, nor shall any such Owner accumulate or permit
the accumulation out-of-doors of such refuse, including compost, on such Owner's Lot.
Section 6.37 Home Occupations. No Lot or Lots shall be used by an Owner, other than a
Builder or Declarant, for any purpose other than as a single-family residence, except that a home
occupation, that satisfies all requirements of all Applicable Laws, maybe permitted provided that,
in addition to the requirements of Applicable Laws, any such Owner's use is conducted entirely
within the Residence and participated in solely by a member of the immediate family residing in
said Residence, and is clearly incidental and secondary to the use of the Residence for dwelling
purposes and does not change the character thereof and in connection with which there is (i) no
sign or display that will indicate from the exterior that the Residence is being utilized in whole or
in part for any purpose other than that of a dwelling; (ii) no commodity sold upon the premises;
(iii) no person is employed other than a member of the immediate family residing in the Residence;
and (iv) no manufacture or assembly operations are conducted. Provided, however, that in no event
shall a child day care, barber shop, styling salon, animal hospital, any form of animal care or
treatment such as dog trimming, or any other similar activities be permitted as a home occupation.
The foregoing notwithstanding, the Declarant and Builders shall be permitted to operate sales and
construction trailers, model homes, and sales offices.
Section 6.38 Open Drainayue Ditches and Swales. The following shall apply to open ditches
and swales (ditches) along dedicated roadways or within rights of way or established drainage
easements:
(A) Drainage swales (ditches) along dedicated roadways or within rights-of-
way or established drainage easements, shall not be altered, dug out, filled in, riled, or
otherwise changed, without the written permission of the appropriate jurisdictional agency
and the Association. Owners must maintain these swales as grass ways or other non -
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eroding surfaces. Any damage to swales or drainage structures must be repaired or replaced
by the Owner causing such damages.
(B) Any Owner or Builder altering, changing, or damaging such drainage
swales or ditches shall be responsible for such action. The appropriate jurisdictional
agency, the Declarant or the Association may cause said repairs to be accomplished and
the invoice for such repairs shall be sent to the responsible Owners for immediate payment.
If immediate payment is not received by the Association, the amount owed, together with
reasonable attorney's fees, shall be a lien on the subject Lot and the Association shall have
all the rights and remedies to collect any outstanding amounts as outlined hereafter in
Article XI of this Declaration.
Section 6.39 Roofing Materials. The roofing materials on all Residences shall be of a
quality, style and composition acceptable to the Architectural Control Committee.
Section 6.40 Solar Panels. Solar panels shall not be permitted on any Residence unless the
solar panel is approved by the Architectural Control Committee. The Architectural Control
Committee, in reviewing a request for a solar panel, shall consider landscaping, location, size,
aesthetics, and the visibility of the solar panel.
Section 6.41 Parking of Vehicles. Commercial vehicles and trucks are prohibited, unless
such commercial vehicles or trucks are kept in the garage and completely out of view. No trucks
one (1) ton or larger in size, campers, trailers, motor homes, boats, snowmobiles, wave runners,
junk or inoperable cars, fuel tanks or similar vehicles shall be parked or stored on any street or Lot
in the Property except within a closed garage. No vehicle shall be regularly parked upon unpaved
areas. No vehicle shall be regularly parked upon unpaved areas. At no time shall any vehicle be
parked in such a way as to block pedestrian access along the public sidewalk adjacent to the street,
or prevent mail delivery, or prevent access to any driveway. Each Owner shall be responsible for
his or her own vehicles as well as those vehicles belonging to the Owner's guests.
Section 6.42 Wells. Water wells, which are approved by the Architectural Control
Committee and may be used only for irrigating lawns and landscaping, may be drilled on Lots and
Common Areas so long as the water from such wells will not discolor sidewalks or concrete and,
in the event of such discoloration, the responsible Owner shall be liable and responsible for all
clean-up costs. All wells must comply with all Applicable Laws. All well equipment, tanks,
pumps and other related infrastructure shall be underground. Well heads shall not be located in
front yards or side yards, and shall be properly screened and landscaped.
Section 6.43 Occupancy or Residential Use of Partially Completed Residence Prohibited.
No Residence constructed on any Lot shall be occupied or used for residential purposes or human
habitation until a certificate of occupancy therefore has been issued.
Section 6.44 Sidewalks. Each Builder or Owner, at their expense, shall be responsible for
installing sidewalks along and within the segment of the Street adjacent to their Lot.
Section 6.45 Construction and Landscaping; Time Requirements• Divestiture• Penalties.
All construction upon, landscaping of, and other improvements to a Lot shall be completed strictly
18
in accordance with a Lot development plan approved by the Committee. All landscaping specified
on the landscaping plan approved by the Committee shall be installed on the Lot strictly in
accordance with such approved plan within sixty (60) days following substantial completion of
the Residence, unless delayed due to adverse weather conditions.
Section 6.46 Septic Systems. No septic tank, absorption field, or any other on-site sewage
disposal system shall be installed or maintained on any Lot.
Section 6.47 Electric Bug Killers. Electric Bug Killers, "zappers", and other similar devices
shall be prohibited.
Section 6.48 Garage and Yard Sales: Holiday Lights. There shall be no more than two (2)
garage or yard sales held by the Owner or residents of any Lot during any twelve (12) month
period. Christmas lights and other holiday or occasion -themed decorations may be erected no
sooner than five (5) weeks prior to, and removed not later than two (2) weeks after, such holiday
or occasion,
Section 6.49 Gardens. Vegetable, wild flower, and other gardens may be located only in
the rear yard of a Lot and may not exceed one hundred (100) square feet in size. Vegetation within
the garden area may not exceed three feet (3') in height.
Section 6.50 Window Coverings, All interior window coverings shall be specifically
designed as window treatments, including but not limited to: blinds, shutters, or drapes. No sheets,
towels, paper or other similar items, not expressly designed as window treatments, shall be used
to cover a window.
Section 6.51 Street Trees. Street trees placed in the Right of Way between the curb and
public sidewalk are the responsibility of the Owner of the Lot that is bordering the Right of Way.
In the event a street tree dies, the Owner must replace the street tree with the same specie of the
existing tree, or if not available, from the City of Carmel's published list of recommended trees.
The tree must be replaced within 30 days of notification from the Association. If a dead tree does
not get replaced within the 30 days, then the Association reserves the right to replace the tree and
charge the Owner for the cost of such tree replacement.
ARTICLE VII
ARCHITECTURAL CONTROL COMMITTEE
Section 7.1 Approvals. Approvals, determinations, permissions, or consents required
herein shall be deemed given only if they are given in writing and signed, by an authorized member
of the Declarant with respect to approvals to be obtained from the Declarant, by an officer of the
Association with respect to approvals to be obtained from the Association and by a member of the
Architectural Control Committee with respect to approvals to be obtained from the Architectural
Control Committee. The Architectural Control Committee may, in its discretion, unilaterally
promulgate written architectural and design standards or guidelines (the "Guidelines") which shall
be binding upon the Owners.
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Section 7.2 Architectural Control Committee. An Architectural Control Committee,
composed of at least three (3) members, shall exist and shall be appointed by the Declarant until
the end of the Development Period, and appointed by the Board of Directors thereafter. Such
members shall be subject to removal by the Declarant at any time, with or without cause, until the
end of the Development Period, and subject to removal by the Board of Directors at any time, with
or without cause, thereafter. Any vacancies from time to time shall be filled by appointment by the
Declarant until the end of the Development Period, and by appointment by the Board of Directors
thereafter.
Section 7.3 Duties of Architectural Control Committee. The Architectural Control
Committee shall approve or disapprove proposed improvements within thirty (30) days after all
required information has been submitted to the Architectural Control Committee. The
Architectural Control Committee, for its permanent files, shall retain one copy of submitted
material. All notifications to applicants shall be in writing and, in the event that such notification
is one of disapproval, the requesting applicant may re -apply with changes. If, however, approval
has not been received by the applicant in writing within thirty (30) days, then said request shall be
deemed denied.
Section 7.4 Exercise of Discretion. Declarant intends that the members of the Architectural
Control Committee shall exercise discretion in the performance of their duties consistent with the
provisions of this Declaration, and every Owner by the purchase of a Lot shall be conclusively
presumed to have consented to the exercise of discretion by such members of the Architectural
Control Committee. In any judicial proceeding challenging a determination by the Architectural
Control Committee and in any action initiated to enforce this Declaration in which an abuse of
discretion by the Architectural Control Committee is raised as defense, abuse of discretion may be
established only if a reasonable person, weighing the evidence and drawing all inferences in favor
of the Architectural Control Committee, could only conclude that such determination constituted
an abuse of discretion.
Section 7.5 Inspection, The Architectural Control Committee may inspect work being
performed without the Owner's permission to verify compliance with the Declaration.
Section 7.6 Liability of Architectural Control Committee. Declarant and Association.
Neither the Architectural Control Committee nor any agent thereof, nor the Declarant, or the
Association shall be liable in any way for any costs, fees, damages, delays, or any charges or
liability whatsoever relating to the approval or disapproval of any plans submitted to it, nor shall
the Architectural Control Committee, Declarant or Association be responsible in any way for any
defects in any plans, specifications or other materials submitted to it, or for any defects in any work
done according thereto. Further, the Architectural Control Committee, Declarant and Association
make no representation or warranty as to the suitability or advisability of the design, the
engineering, the method of construction involved, whether the improvements result in any
encroachments, the compliance of proposed plans with Applicable Laws, or the materials to be
used. All parties should seek professional construction advice, engineering, and inspections of
each Lot prior to purchasing the Lot, commencing original construction on said Lot or installing
any fences, landscaping, additions, remodeling or other improvements on said Lot.
717
Section 7.7 Power of Disapproval. The Architectural Control Committee may refuse to
grant permission to construct, place or make the requested improvement with or without cause. By
way of example only, common grounds for denial include, but are not limited to, a deficiency in
or absence of the following:
(A) The plans, and specifications, required to be submitted; and
(B) The consistency of the design, color scheme, and square footage of a
proposed improvement with the general surroundings of the Lot or with adjacent buildings
or structures.
Section 7.8 Power to Grant Variances. The Architectural Control Committee may allow
reasonable variances or adjustments of this Declaration where literal application would result in
unnecessary hardship, but any such variance or adjustment shall be granted in conformity with the
general intent and purposes of this Declaration, no variance or adjustment shall be granted which
is materially detrimental or injurious to other Lots, and any such variance granted shall not be
considered as precedent setting.
Section 7.9 Statement of Purposes and Powers. Subject to this Declaration and the
restrictions contained herein, the Architectural Control Committee shall regulate the external
design, appearance, use, location and maintenance of lands and improvements thereon in such a
manner as to preserve and enhance values and maintain a harmonious relationship among
structures and the natural vegetation and topography.
ARTICLE VIII
CONTIGUOUS LOTS
Section 8.1 Rules Governing Building on Contiguous Lots Having One Owner. Whenever
two or more contiguous Lots shall be owned by the same person, and such Owner shall desire to
use two or more of said Lots as a site for one, single Residence, such Owner must apply in writing
to the Architectural Control Committee for permission to so use said Lots. If permission for such
a use shall be granted, the Lots constituting the site for such one, single Residence shall be treated
as a single Lot for the purpose of applying this Declaration to said Lots, so long as the Lots remain
improved with only one, single Residence; provided, however, that with respect to the combined
Lots, the Owner of the combined Lots shall be obligated to pay Annual Assessments, One -Time
Assessments, and Special Assessments for each originally platted Lot constituting the combined
Lots, and such Annual Assessments, One -Time Assessments, and Special Assessments shall be a
lien on the combined Lots, all per the terms and conditions of Article XI below. In addition, the
Owner must obtain all requisite and necessary permits and approvals required pursuant to
Applicable Laws.
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ARTICLE IX
USE AND OWNERSHIP OF COMMON AREA
Section 9.1 Ownership. A license, upon such terms, conditions, rules and regulations as
the Board of Directors, shall from time to time promulgate, for the use and enjoyment of the
Common Areas, is hereby granted to the Owners and their family, guests, tenants or contract
purchasers. Every Owner shall have a nonexclusive right and easement of enjoyment in common
with all other Owners, in and to the Common Areas, which nonexclusive right and easement of
enjoyment shall be appurtenant to and pass with the title to every Lot.
Section 9.2 Use. All Common Areas shall be used for such purposes deemed appropriate
by the Declarant until the end of the Development Period and following the end of the
Development Period, all Common Areas shall be used for such purposes as deemed appropriate
by the Association.
Section 9.3 Non -dedication. Neither the Declarant's execution nor recording of the Plats
nor the doing of any other act by the Declarant is, or is intended to become or shall be construed
as, a dedication to the public of any Common Area.
ARTICLE X
ALBANY PLACE HOMEOWNERS ASSOCIATION, INC.
Section 10.1 Association Duties. The duties of the Association shall include the following:
(i) the promotion of the recreation, health, safety, and welfare of the residents in the Property, (ii)
the maintenance and repair of the Common Areas including, but not limited to, any and all lighting,
landscaping, and sidewalks located thereon, (iii) the maintenance and repair of any and all entrance
monuments, water features, Ponds, signage, and the landscaping surrounding such entrances
monuments and signage, (iv) maintenance and repair of all street signage, street lighting, and all
improvements and landscaping existing in any landscape maintenance access easement and any
sign landscape easement, (v) the performance of any other obligations and duties of the
Association specified in this Declaration. The foregoing provisions of this Section 10.1
notwithstanding, an Owner shall be responsible and liable for any damage to any Common Areas
or improvements thereon caused by such Owner or such Owner's agent, contractor, or guest, and
the costs of repair or replacement necessitated by such damage shall be immediately paid by the
Owner to the Association and may be assessed as a Violation Assessment and enforced per the
terms of Article XI below.
Section 10.2 Board of Directors. Prior to the end of the Development Period, members of
the Board of Directors shall be appointed by the Declarant, vacancies in the Board of Directors
shall be filled by the Declarant, and members of the Board of Directors may be removed and
replaced by the Declarant, at any time and for any reason. After the end of the Development
Period, the Owners shall elect a Board of Directors as prescribed by the Association's Articles of
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Incorporation, and the Association's Bylaws. The Board of Directors shall manage the affairs of
the Association. Directors need not be members of the Association.
Section 10.3 Classes of Membership and Voting Rights. The Association shall have the
following two classes of voting membership:
(A) Class A. Class A members shall be all Owners with the exception of the
Declarant. Class A members shall be entitled to one (1) vote for each Lot owned. When
more than one person holds an interest in any Lot, all such persons shall be members. The
vote for such Lot shall be exercised as the members holding an interest in such Lot
determine among themselves, but in no event shall more than one vote be cast with respect
to any Lot.
(B) Class B. The Class B member shall be the Declarant. At all times prior to
expiration of the Class B Membership, as provided below in this Section 10.3 (B), the Class
B member shall have the same number of votes at any meeting in which votes are to be
taken as is held collectively by all Class A members, plus one hundred (100) additional
votes. The Class B Membership shall terminate and be converted to Class A Membership
and the Development Period shall expire upon the happening of the earlier of the following:
(i) When the Class B member no longer owns any portion of the
Property or the Additional Real Estate; or
(ii) December 31, 2050
(iii) When, in its sole discretion, the Declarant expressly specifically
terminates and waives in writing its right to Class B Membership. The Declarant
reserves the right to assign some of its rights and obligations under this Declaration
without terminating the Development Period and without terminating or waiving
its right to Class B Membership.
Section 10.4 Membership. Initially, the person(s) who serve as incorporator(s) of the
Association shall be the member(s) members of the Association (the "Initial Member(s)"). The
Initial Member(s) shall remain member(s) of the Association until the Association Articles of
Incorporation are accepted by the Indiana Secretary of State, at which time the Initial members)
shall cease to be member(s) unless they also qualify as Class A or Class B members. Every Owner
of a Lot shall be a member of the Association. Apart from the Initial member(s), a membership in
the Association shall be appurtenant to and may not be separated from ownership of any Lot.
Section 10.5 Professional Management. No contract or agreement for professional
management of the Association, nor any other contract to which the Association is a party, shall
be for a term in excess of three (3) years. Any such agreement or contract shall provide for
termination by either party with or without cause and without payment of any termination fee upon
written notice of ninety (90) days or less.
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ARTICLE XI
ASSESSMENTS
Section 11.1 Creation of Lien and Personal Obligation of Assessments. Each Owner of any
Lot, except the Declarant or a Builder, by acceptance of a deed therefore, whether or not it shall
be so expressed in such deed, is deemed to covenant and agree to pay to the Association the
following (collectively the "Assessments"):
(A) Annual Assessments (hereafter defined);
(B) One -Time Assessment (hereafter defined);
(C) Special Assessments (hereafter defined); and
(D) Violation Assessments (hereafter defined) levied for a violation of this
Declaration.
Section 11.2 Annual Budget. By majority vote of the Board of Directors, the Board of
Directors shall adopt an annual budget for the subsequent fiscal year, which shall provide for the
allocation of expenses in such a manner that the obligations imposed by the Declaration (the
"Annual Budget").
Section 11.3 Annual Assessment.
(A) Amount and Due Dates. The Annual Assessment provided for herein shall
be per calendar year, shall commence for each Lot on the date of closing of the sale of such
Lot to an Owner other than the Declarant or a Builder. The Annual Assessment,
commencing during the calendar year in which the first Lot is conveyed to an Owner other
than the Declarant or a Builder, shall be Eight Hundred Seventy -Five and 00/100 dollars
($875.00), or the then prevailing amount of the Annual Assessment, per Lot, per year and
shall be pro -rated to year-end, The Board of Directors shall fix any increase in the amount
of the Annual Assessment at least thirty (30) days in advance of the effective date of such
increase, Unless pro -rated as set forth above for the first Annual Assessment due with
respect to the sale of a Lot to an Owner other than the Declarant or a Builder, the due
date for Annual Assessments shall be January P of each calendar year, and such
Assessment shall be subject to collection and late charges beginning on January 31" of
each calendar year.
(B) Purpose of Assessments. The Annual Assessment levied by the
Association shall be used in the reasonable discretion of the Board of Directors to fulfill
the duties and obligations of the Association specified in this Declaration including,
without limitation, (i) the obligation to maintain and repair all Common Areas and all
improvements located therein, (ii) the establishment of a reserve for replacement, to be
separately maintained in an FDIC insured account with a financial institution, to fund
significant capital expenditures, maintenance, repair and replacement of all Common
Areas, including, without limitation, all water features, landscaping, signs, lighting and
other improvements within the Common Areas, (iii) to pay insurance premiums for
liability insurance, property insurance insuring the improvements in the Common Area,
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and for any other insurance applicable to the Association deemed necessary by the Board
of Directors and (iv) the costs of professional management to manage the Association, if
engaged.
(C) Method of Assessment. Prior to the end of the Development Period, the
Board shall, by a vote of a majority of the Board without notice to or approval or a vote by
the members of the Association, and on the basis specified above, fix the Annual
Assessment for each assessment year of the Association at an amount sufficient to meet
the Annual Budget. The Board shall establish the date(s) and frequencies the Annual
Assessment shall become due, and the manner in which it shall be paid. As set forth above,
the initial Annual Assessment shall be Eight Hundred Seventy -Five and 00/100 dollars
($875.00) and the Annual Assessment may increase or decrease each year in order to satisfy
the Annual Budget as determined by the Board of Directors in its sole discretion.
After the end of the Development Period, the Annual Budget must reflect the
estimated revenues and expenses for the budget year, and the estimated surplus or deficit
as of the end of the current budget year. The Association shall provide each Owner with:
(1) a copy of the proposed Annual Budget; or (2) written notice that a copy of the proposed
Annual Budget is available upon request at no charge to the Owner. At the same time, the
Association shall provide each Owner with a written notice of the amount of any increase
or decrease in the Annual Assessment paid by the Owners that would occur if the proposed
Annual Budget is approved. After all of the foregoing take place, the Association shall hold
a meeting pursuant to the following subparagraph (i) and (ii):
(i) After the end of the Development Period, and subject to
subparagraph (ii) below, the Annual Budget must be approved at a meeting of the
members of the Association by a majority of the members of the Association in
attendance at a meeting called and conducted in accordance with the requirements
of this Declaration, the Association's Articles of Incorporation and the
Association's Bylaws. For purposes of this meeting, a member of the Association
is considered to be in attendance at the meeting if such member attends: (1) in
person; (2) by proxy; or (3) by any other means allowed under Indiana law or under
this Declaration, the Association's Articles of Incorporation or the Association's
Bylaws.
(ii) If the number of members of the Association in attendance at the
meeting held under subparagraph (i) above does not constitute a quorum as defined
in the Association's Bylaws, the Board may adopt an Annual Budget for the
Association for the ensuing year in an amount that does not exceed one hundred
ten percent (110%) of the amount of the last approved annual budget last approved
by the Association.
Section 11.4 One -Time Assessment, Upon the closing of the initial conveyance of each Lot
to an Owner other than Declarant or a Builder, the purchaser of such Lot and/or Residence shall
pay to the Association, in addition to any other amounts then owed or due to the Association, as a
contribution to its working capital and start-up fund, an amount of two hundred fifty dollars
25
($250.00) against such Lot, which payment shall be non-refundable and shall not be considered
as an advance payment of any Assessment or other charge owed the Association with respect to
such Lot. Such working capital and start-up fund shall be held and used by the Association for
payment of, or reimbursement to Declarant for advances made to pay, expenses of the Association
for its early period of operation, to enable the Association to have cash available to meet
unforeseen expenditures, or to acquire additional equipment or services deemed necessary by the
Board.
Section 11.5 Special Assessment. In addition to such other Special Assessments as may
be authorized herein, the Board of Directors may levy in any year a Special Assessment(s) for the
purpose of enforcing these covenants and restrictions, for legal expenses, for collection expenses,
for the costs of undertaking other activity that is the responsibility of an Owner hereunder but
which such Owner has not undertaken as required hereunder, for defraying, in whole or in part,
the cost of any construction, reconstruction, repair or replacement of any capital improvement
which the Association is required to maintain and for operating deficits which the Association
may from time to time incur.
Section 11.6 Violation Assessment. In addition to all other Assessments authorized herein,
the Board of Directors may levy a Violation Assessment to an Owner, (i) for a violation of this
Declaration or (ii) for damages if any portion of the Common Area that the Association is
obligated to maintain, repair and/or replace is damaged due to the willful or negligent act or
omission of such Owner or Owner's guest, invitee, tenant or contract purchaser. In the event of
such damage, the Board shall have the right to undertake the necessary maintenance, repair or
replacement. The choice between repair or replacement is in the sole discretion of the Board.
Section 11.7 Basis for Assessment.
(A) Lots Generally. Each Lot owned by a Person other than Declarant or a
Builder shall be assessed at a uniform rate without regard to whether a Residence has been
constructed upon the Lot.
(B) Lots Owned by Declarant. Neither the Declarant nor any Builder shall be
required to pay any Annual Assessments, One -Time Assessments or Special Assessments
so long as any Residence constructed upon a Lot by Declarant or a Builder has not been
either conveyed to an Owner intending to occupy or rent said Residence as a residence or
leased to an individual or an entity for use as a Residence.
Section 11.8 Notice and Due Date. Written notice of Special Assessments and such other
Assessment notices as the Board of Directors shall deem appropriate shall be delivered to every
Owner subject to such Assessment. The due dates for all Assessments shall be established by the
Board of Directors.
Section 11.9 Assessment Liens. All Assessments, together with interest thereon, attorney's
fees, and other costs of collection permitted by this Declaration to be collected, shall be a charge
on the land and shall be a continuing lien, until paid in full, upon the Lot against which each
Assessment is made. Each Assessment, together with interest thereon and costs of collection
P2
thereof, including reasonable attorney fees, shall also be the personal obligation of the Owner of
the Lot at the time when the Assessment became due.
Section 11.10 Failure of Owner to Pay Assessments. No Owner, by waiver of the use or
enjoyment of the Common Areas, or by abandonment of the Residence belonging to such Owner,
may exempt himself or herself from paying Annual Assessments, One -Time Assessments, Special
Assessments, or Violation Assessments, or from contributing toward the expenses of
administration or maintenance and repair of the Common Areas, or from any other expense
lawfully agreed upon, Each Owner shall be personally liable for the payment of all Annual
Assessments, One -Time Assessments, Special Assessments, Violation Assessments and all other
charges applicable to such Owner and such Owner's Lot. Where the Owner constitutes more than
one Person, the liability of such Persons shall be joint and several. If any Owner shall fail, refuse
or neglect to make any payment of any Annual Assessments, One -Time Assessments, Special
Assessments, or Violation Assessments when due, the lien for such Assessment on the Owner's
Residence may be foreclosed by the Association in the same manner as mortgages are foreclosed
in the State of Indiana or as otherwise specified under the Applicable Laws. Upon the failure of
an Owner to make payments of any Annual Assessments, One -Time Assessments, Special
Assessments, or Violation Assessments within ten (10) days after such are due, the Board of
Directors, in its sole discretion and regardless of whether litigation is commenced, may:
(1) impose a uniform late charge, which will be considered an addition to the
Assessment, in an amount to be determined by the Board of Directors of up to
twenty-five percent (25%) of the amount of the Assessment;
(2) accelerate the entire balance of the unpaid Assessments for the remainder of the
fiscal year and declare the same immediately due and payable, notwithstanding any
other provisions hereof to the contrary;
(3) require that, in addition to the delinquent Assessment and any applicable late
charge, the Owner of the respective Residence also pay (i) any attorney's fees
incurred incident to the collection of the delinquent Assessment and (ii) collection
costs incurred by the Association to the managing agent for processing delinquent
Owners' accounts;
(4) suspend such Owner's right to use the Common Areas as provided in the Indiana
Nonprofit Association Act of 1991, as amended; and
(5) suspend an Owner's right to vote if such Owner is more than six (6) months delinquent.
In any action to foreclose the lien for any Assessments, the Board of Directors shall be entitled to
the appointment of a receiver for the purpose of preserving the Residence and to collect the rentals
and other profits therefrom for the benefit of the Association to be applied to any unpaid Annual
Assessments, One -Time Assessments, Special Assessments, or Violation Assessments. The Board
of Directors may, at its option, bring a suit to recover a money judgment for any unpaid Annual
Assessments, One -Time Assessments, Special Assessments, or Violation Assessments without
foreclosing or waiving the lien securing the same. In any action to recover an Annual Assessment,
27
One -Time Assessment, Special Assessment, and Violation Assessment, whether by foreclosure or
otherwise, the Board of Directors, for and on behalf of the Association, shall be entitled to recover
costs and expenses of such action incurred, including but not limited to collection costs incurred
by the Association to the managing agent for processing delinquent Owners' accounts and
reasonable attorney's fees, from the Owner of the respective Residence.
Section 11.11 Certificates. The Association shall, upon reasonable request by an Owner, at
any time, furnish a letter in writing signed by an officer of the Association, indicating the
accounting status of Assessments on a Lot, and showing the balance due the Association, if any.
Section 11.12 Subordination of the Lien to Mortgages. The sale or transfer of any Lot shall
not affect the lien of Assessments levied under this Article XI; provided, however, (i) that the lien
of the Assessments provided for herein against a Lot shall be subordinate to the lien of any
recorded, first mortgage covering such Lot and (ii) that the sale or transfer of any Lot pursuant to
mortgage foreclosure or any proceeding or deed in lieu thereof, while not relieving the Owner at
the time the Assessment was due of personal liability therefore, shall extinguish the lien of such
Assessments which became due or are attributable to the period of time prior to such sale or
transfer. No such sale or transfer, however, shall relieve such Lot from liability for any
Assessments thereafter becoming due or from the lien thereof.
ARTICLE XII
REMEDIES
Section 12.1 Delay or Failure to Enforce. No delay or failure on the part of any aggrieved
party to invoke any available remedy with respect to a violation of any one or more of covenants,
conditions, and restrictions in this Declaration shall be held to be a waiver by that party or an
estoppel of that party of any right available to such party upon the occurrence, reoccurrence or
continuation of such violation or violations of this Declaration.
Section 12.2 In General. The Association, the Declarant and/or any Owner, may proceed
at law or in equity to prevent the occurrence or continuation of any violation of these Restrictions,
or to compel compliance with these restrictions and covenants, and shall be entitled to recover
costs of collection and reasonable attorney's fees; however, neither the Declarant, nor the
Association, shall be liable for damages of any kind to any person for failing either to abide by,
enforce, or carry out any terms, conditions, or restrictions contained in this Declaration.
ARTICLE XIII
EFFECT ON BECOMING AN OWNER
Section 13.1 The Owner(s) of any Lot subject to this Declaration, by acceptance of a deed
conveying title thereto, or by virtue of the execution of a contract for the purchase thereof, whether
from Declarant, a Builder, or a subsequent Owner of such Lot, shall accept such deed and execute
M
such contract subject to each and every covenant, condition, and restriction contained in this
Declaration. By acceptance of such deed or execution of such contract, each Owner acknowledges
the rights and powers of the Declarant, the Architectural Control Committee, and the Association
contained in this Declaration, and also, for themselves, their heirs, personal representatives,
successors and assigns, such Owner(s) covenant and agree and consent to and with the Declarant,
the Architectural Control Committee, and the Association to keep, observe, comply with and
perform such covenants, conditions, and restrictions contained in this Declaration.
ARTICLE XIV
TITLES
Section 14.1 The titles preceding the various Sections and paragraphs of this Declaration
are for convenience of reference only and none of them shall be used as an aid to the construction
of any provisions of this Declaration. Wherever and whenever applicable, the singular form of any
word shall be taken to mean or apply to the plural, and the masculine form shall be taken to mean
or apply to the feminine or to the neuter.
ARTICLE XV
MISCELLANEOUS
Section 15.1 Severabilitv. invalidation of any one of the covenants, restrictions or
provisions contained in this Declaration by judgment or court order shall not in any way affect any
of the other provisions hereof, which shall remain in full force and effect. No delay or failure by
any person to enforce any of the restrictions or to invoke any available remedy with respect to a
violation or violations thereof shall under any circumstances be deemed or held to be a waiver by
that person of the right to do so thereafter, or as estoppel of that person to assert any right available
to him upon the occurrence, recurrence or continuation of any violation or violations of the
restrictions.
Section 15.2 Statute of Frauds. If any of the covenants, conditions, restrictions, or other
provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against
perpetuities, then such provisions shall continue only until twenty-one (21) years after the death
of the last survivor of the now living descendants of George Herbert Walker Bush, former
President of the United States of America.
Section 15.3 Duration. This Declaration and its covenants and restrictions are for the
mutual benefit and protection of the present and future Owners, the Association, and Declarant,
and shall run with the land and shall be binding on all parties and all Persons claiming under them
until January 1, 2070, at which time said covenants and restrictions shall be automatically extended
for successive periods of ten (10) years unless changed per the terms of Article XVII below.
29
ARTICLE XVI
DECLARANT'S RIGHTS
Section 16.1 Any and all of the rights and obligations of the Declarant set forth in this
Declaration may be transferred, in whole or in part, to other persons or entities, provided that the
transfer shall not reduce an obligation nor enlarge a right beyond that contained in this Declaration.
No such transfer shall be effective unless it is in a written instrument signed by the Declarant and
duly recorded with the Recorder of Hamilton County, Indiana.
Section 16.2 Nothing in this Declaration shall be construed or applied in a manner that
limits or restricts the Declarant or the Builder in the development of the Property or the
construction of Residences within the Property. Therefore, notwithstanding anything in this
Declaration to the contrary, the Declarant and Builder may maintain and carry out upon any portion
of the Property, including any Common Area, Lot, and/or such facilities and activities as, in the
opinion of the Declarant or Builder, may be reasonably required, convenient, or incidental to the
development of the Property and the construction or sale of Residences including, without
limitation, business offices, signs, model units, sales offices, and sales and construction trailers.
ARTICLE XVII
AMENDMENT TO THIS DECLARATION
Section 17.1 Except as expressly prohibited in this Declaration, this Declaration may be
amended or modified from time to time and at any time by an instrument recorded in the Office of
the Recorder of Hamilton County, Indiana, approved and signed by at least seventy-five percent
(75%) of the then Owners. Provided, however, that none of the rights or duties of Declarant
reserved or set out hereunder may be amended or changed without Declarant's prior written
approval. Until the end of the Development Period, this Declaration may also be amended
unilaterally, from time to time and at any time, without notice or vote, by Declarant in the
Declarant's sole discretion.
(signature page follows)
30
IN TESTIMONY WHEREOF, witness the signature of the Declarant of this Declaration
as of the date first above written.
DECLARANT;
ALBANY PLACE DEVELOPER, LLC, an Indiana
limited liability company
By: Platinum Properties Management Company, LLC, an
Indiana limited liability company, its Manager
By:
Steven R. Edwards,
Vice President — Chief Financial Officer
STATE OF INDIANA )
) SS:
COUN'T'Y OF HAMILTON )
BEFORE ME, a Notary Public in and for said County and State, personally appeared
Steven R. Edwards, the Vice President — Chief Financial Officer of Platinum Properties
Management Company, LLC, the Manager of Albany Place Developer, LLC, who executed the
foregoing Declaration for and on behalf of said this 19'h day of October, 2016.
FEJ�wmdwl'
Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that 1 have taken
reasonable care to redact each Social Security number in this document, unless required by law —
Steven R. Edwards.
This Instrument Prepared by: Steven R. Edwards, Platinum Properties Management Company,
LLC, 9757 Westpoint Drive, Suite 600, Indianapolis, Indiana, 46256.
31
4$•.
ERIC W.SIMONS
Ha
My nf-AnEy; ires
Maich 21.2024
•
FEJ�wmdwl'
Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that 1 have taken
reasonable care to redact each Social Security number in this document, unless required by law —
Steven R. Edwards.
This Instrument Prepared by: Steven R. Edwards, Platinum Properties Management Company,
LLC, 9757 Westpoint Drive, Suite 600, Indianapolis, Indiana, 46256.
31
EXHIBIT "A"
The Real Estate — Legal Description
Takedown #1 (Section 1 including the Pond)
A part of the Southwest Quarter of the Northwest Quarter of Section 20, Township 18 North,
Range 3 East in Carmel Township, Hamilton County, Indiana, more particularly described as
follows:
Beginning at the Southeast corner of the Southwest quarter of the Northwest quarter of said Section
20 also being the Southwest corner of The Trails at Hayden Run, a subdivision in Hamilton
County, Indiana, the plat of which is recorded as Instrument Number 2005-069468, Plat Cabinet
3, Slide 748 in the Office of the Recorder, Hamilton County, Indiana; thence South 89 degrees 37
minutes 59 seconds West 1,325.44 feet along the South line of Southwest quarter of said Northwest
quarter; thence North 00 degrees 05 minutes 03 seconds East 782.64 feet along the West line of
said Southwest quarter; thence North 89 degrees 37 minutes I I seconds East 505.00 feet; thence
North 00 degrees 05 minutes 03 seconds East 532.00 feet to the North line of said Southwest
quarter; thence North 89 degrees 37 minutes 11 seconds East 392.99 feet along said North line;
thence South 00 degrees 03 minutes 54 seconds West 138.65 feet; thence South 06 degrees 23
minutes 05 seconds East 89.02 feet; thence South 00 degrees 03 minutes 54 seconds West 159.01
feet; thence South 89 degrees 56 minutes 06 seconds East 21.00 feet; thence South 00 degrees 03
minutes 54 seconds West 30.00 feet; thence North 89 degrees 56 minutes 06 seconds West 405.00
feet; thence South 00 degrees 03 minutes 54 seconds West 150.00 feet; thence South 89 degrees
56 minutes 06 seconds East 246.95 feet; thence South 00 degrees 03 minutes 54 seconds West
56.00 feet; thence South 89 degrees 56 minutes 06 seconds East 129.85 feet; thence South 00
degrees 22 minutes 01 seconds East 410.65 feet; thence South 89 degrees 56 minutes 06 seconds
East 421.10 feet to the East line of said Southwest quarter also being the West line of said Trails
at Hayden Run; thence South 00 degrees 03 minutes 54 seconds West 278.86 feet along said East
line and said West line of The Trails at Hayden Run to said South line also being the place of
beginning, containing 22.349 acres, more or less.
32
EXHIBIT "B"
The Additional Real Estate — Legal Description
Takedown #2 (Section 2 without the Pond)
A part of the Southwest Quarter of the Northwest Quarter of Section 20, Township 18 North,
Range 3 East in Cannel Township, Hamilton County, Indiana, more particularly described as
follows:
Commencing at the Southeast corner of the Southwest quarter of the Northwest quarter of said
Section 20 also being the Southwest comer of The Trails at Hayden Run, a subdivision in Hamilton
County, Indiana, the plat of which is recorded as Instrument Number 2005-069468, Plat Cabinet
3, Slide 748 in the Office of the Recorder, Hamilton County, Indiana; thence North 00 degrees 03
minutes 54 seconds East 278.86 feet along the East line of said Southwest quarter also being the
West line of said Trails at Hayden Run to the POINT OF BEGINNING of this description; thence
North 89 degrees 56 minutes 06 seconds West 421.10 feet; thence North 00 degrees 22 minutes
01 seconds West 410.65 feet; thence North 89 degrees 56 minutes 06 seconds West 129.85 feet;
thence North 00 degrees 03 minutes 54 seconds East 56.00 feet; thence North 89 degrees 56
minutes 06 seconds West 246.95 feet; thence North 00 degrees 03 minutes 54 seconds East 150,00
feet; thence South 89 degrees 56 minutes 06 seconds East 405.00 feet; thence North 00 degrees 03
minutes 54 seconds East 30.00 feet; thence North 89 degrees 56 minutes 06 seconds West 21.00
feet; thence North 00 degrees 03 minutes 54 seconds East 159.01 feet; thence North 06 degrees 23
minutes 05 seconds West 89.02 feet; thence North 00 degrees 03 minutes 54 seconds East 138.65
feet to the North line of said Southwest quarter; thence North 89 degrees 37 minutes 11 seconds
East 427.01 feet along said North line to said East line also being the West line of said Trails at
Hayden Run; thence South 00 degrees 03 minutes 54 seconds West 1,036.08 feet along said East
line and said West line of The Trails at Hayden Run to said South line also being the place of
beginning, containing 11.482 acres, more or less.
33