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HomeMy WebLinkAboutCovenants and Restrictions_Recorded 07-16-979709728755 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 07-16-1997 At 03:38 pa.. DEC COV RES 36.00 SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS PRAIM VIEW CHAPMAN' S CLAIM This Supplemental Declaration, dated as of the 29th day ofMay, 1997, by BDGCARDINAL ASSOCIATES, L.P., an Indiana limited partnership, WITNESSES THAT: WHEREAS, the following facts are true: A Declarant is the owner of the fee simple title to the real estate located in Hamilton County, Indiana, more particularly described in Exiu it A littached hereto and incorporated herein by this reference. B. This Declaration is a Supplemental Declaration as that term is defined in the Declaration of Covenants and Restrictions. C. Declarant intends to subdivide the Parcel into Lots upon each of which a Residence may be constructed. NOW, THEREFORE, Declarant hereby makes this Supplemental Declaration as follows: 1. Definitions. Words, phrases and terms that are defined in the Declaration of Covenants and Restrictions have the same meaning in this Supplemental Declaration except as herein otherwise provided. The following words, phrases and terms, as used in this Supplemental Declaration, unless the context clearly requires otherwise, mean the following: "Chapman's Claim" means the name by which the Parcel shall be known. "Declaration of Covenants and Restrictions" means the Declaration of Covenants and Restrictions of Prairie View dated as of February 5, 1997 and .recorded in the Office of the Recorder of Hamilton County, Indiana as Instrument Number 9709705549, as amended from time to time. "Lot" means a numerically designated subdivided parcel of land depicted on a Plat. "Owner" means any Person, including Declarant, who at any time owns.the fee simple title to a Lot. "Parcel" means that part of the real estate described in Exhibit A which is at any time subject to the covenants, restrictions, easements, charges and liens imposed by the Declaration of Covenants and Restrictions. "Plat" means the secondary plat of a Section within the Parcel. "Section" means that part of the Parcel which is depicted on a Plat. "Tract" means the real estate, including all or any part of the Parcel, that is subject to the covenants, restrictions, easements, charges and Iiens imposed by the Declaration of Covenants and Restrictions. 2. Declaration Declarant hereby declares that, in addition to the covenants, restrictions, easements, charges and liens imposed by the Declaration of Covenants and Restrictions, -the Parcel shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. 3. Land Use. Lots may be used only for residential purposes as provided in the Declaration of Covenants and Restrictions. No portion of any Lot may be sold or subdivided such that there will be thereby a greater number of houses in a Section than the number of original Lots shown on a Plat of such Section. 4. Construction of Residences. (a) Lot Development Plans. Except to the extent such requirement is waived by Declarant, prior to commencement of any construction on a Lot, a Lot Development Plan shall be submitted to the Architectural Review Board in accordance with the requirements of Paragraph 18 of the Declaration of Covenants and Restrictions. Each Owner shall comply with the terms and provisions of Paragraph 18 of the Declaration of Covenants and Restrictions and the requirements of the Architectural Review Board established pursuant to the authority granted by the Declaration of Covenants and Restrictions. -2- (b) Size of Residence. Except as otherwise provided herein, no Residence may be constructed on any Lot unless such Residence, exclusive of open porches, attached garages and basements, shall have a ground floor area of 2,000 square feet if a one-story structure, or 1,200 square feet if a higher structure, but in the case of a building higher than one story, the total floor area shall not be less than 2,000 square feet. (c) Temporary Structures. No trailer, shack, tent, boat, basement, garage or other outbuilding may be used at any time as a dwelling, temporary or permanent, nor may any structure of a temporary character be used as a dwelling. (d) Building Location and Finished Floor Elevation. No building may be erected between the building line shown on a Plat and the front Lot line, and no structure or part thereof (exclusive of open areas or terraces, unenclosed porches not more than one story high, fireplace chimney and architectural features that project no more than two (2) feet) may be built or erected nearer than ten (10) feet to any side Lot line or nearer than twenty (20) feet to any rear Lot line; provided, however, if the Zoning Authority requires a greater side yard setback, then such greater requirement shall prevail. The aggregate side yard setback shall be not less than twenty (20) feet. A minimum finished floor elevation, shown on the development plan for each Section, has been established for each Lot and no finished floor elevation with the exception of flood protected basements shall- be constructed lower than said minimum without the written consent of the Architectural Review Board. Demonstration of adequate storm water drainage in conformity with both on -Lot and overall project drainage plans shall be a prime requisite for alternative finished floor elevations. (e) Driveways. All driveways shall be paved with either concrete or asphalt and maintained dust free. (f) Yard Lights. If street fights are not installed in the Parcel, then each Owner or his builder shall install and maintain in operable condition either (i) a pole light on the Lot at a location, having a height and of a type, style and manufacture approved by the Architectural Review Board prior to the installation thereof or (ii) two (2) carriage lights on the front of the Residence of a type, style and manufacture approved by the Architectural Review Board prior to the installation thereof. Each such light fixture shall also have a bulb of a wattage approved by Architectural Review Board to insure uniform illumination on each Lot and shall be equipped with a photo electric cell or similar device to insure automatic illumination from dusk to dawn each day. - (g) Storage Tanks. Any gas or oil storage tanks used in .connection with a Lot shall be either buried or located in a Residence such that they are completely concealed from public view. -3- (h) Construction and Landscaping. All construction upon, landscaping of and other improvement to a Lot shall be completed strictly in accordance with the Lot Development Plan approved by the Architectural Review Board. All landscaping specified on the landscaping plan approved by the Architectural Review Board shall be installed on the Lot strictly in accordance with such approved plan within thirty (30) days following substantial completion of the Residence if such completion occurs between April 1 and October 15; otherwise prior to May 1. Unless a delay is caused by strikes, war, court injunction or acts of God, construction of a Residence on a Lot shall be completed within one (1) year after the date of commencement of the building process. The failure of the Owner of a Lot to apply for approval of or receive approval from, the Architectural Review Board of a Lot Development Plan shall not relieve - such Owner from his obligation to complete construction of a Residence upon the Lot within the time period specified herein. For the purposes of this subparagraph (h), construction of a Residence will be deemed "completed" when the exterior of the Residence (including but not limited to the foundation, walls, root windows, entry doors, gutters, downspouts, exterior trim, paved driveway, landscaping and yard light) has been completed in conformity with the Lot Development Plan. (i) Mailboxes. All mailboxes installed upon Lots shall be uniform and shall be of a type, color and manufacture approved by the Architectural Review Board. Such mailboxes shall be installed upon posts approved as to type, size and location by the Architectural Review Board. 6) Septic SyLterns. No septic tank, absorption field or any other on-site sewage disposal system (other than a lateral main connected to a sanitary sewerage collection system operated by the City of Carmel or a successor public agency or public utility) shall be installed or maintained on any Lot. (k) Water Systems. No private or semi -private water supply system may be located upon any Lot which is not in compliance with regulations or procedures adopted or established by the Indiana State Board of Health, or other civil authority having jurisdiction. To the extent that domestic water service is available from a water line located within 200 feet of the lot line maintained by a public or private utility company, each Owner shall connect to such water line to provide water for domestic use on the Lot and shall pay all connection, availability or other charges lawfully established with respect to connections thereto. Notwithstanding the foregoing, an Owner may establish, maintain and use an irrigation water well on his Lot as long as the well does not adversely affect the normal pool level of a Lake or Pond. (1) Drainage. In the event storm water drainage from any Lot or Lots flows across another Lot, provision shall be made by the Owner of such Lot to permit W1 such drainage to continue, without restriction or reduction, across the downstream Lot and into the natural, drainage channel or course, although no specific drainage easement for such flow of water is provided on the Plat. To the extent not maintained by the Drainage Board, "Drainage Easements" reserved as drainage swales shall be maintained by the Owner of the Lot upon which such easements are located such that water from any adjacent Lot shall have adequate drainage along such swale. Lots within the Parcel may be included in a legal drain established by the Drainage Board. In such event, each Lot in the Parcel will be subject to assessment by the Drainage Board for the costs of maintenance of the portion of the Drainage System and/or the Lakes included in such legal drain, which assessment will be a lien against the Lot. The elevation of a Lot shall not be changed so as to affect materially the surface elevation or grade of surrounding Lots. 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. (m) Accessory Buildings. No mini -barns, storage shed or other accessory building or structure other than gazebos shall be permitted on any Lot. (n) Pools. No above ground swimming pool, other than a children's wading pool, shall be permitted on any Lot. (o) Basketball Goals. No basketball goal shall be placed or maintained in the front driveway of a Lot or within the right-of-way of any street. Unless the Architectural Review Board establishes a policy establishing other specifications, backboards of all basketball goals shall be of a translucent material such as fiberglass or Lexan and attached to a black pole or similar type of post. The location of a basketball goal on the Lot is subject to approval of the Architectural Review Board if it would be visible from a public right-of-way adjoining the Lot. S. Maintenance of Lots. (a) Vehicle Parking. No recreational vehicle, motor home, truck which exceeds 3/4 ton in weight, trailer, boat or disabled vehicle may be parked or stored overnight or longer on any Lot in open public view. (b) JiM. Except for such signs as Declarant may in its absolute discretion display in connection with the development of Prairie View or the Parcel and the sale ofLots therein such signs as may be located on the Community Area and such signs as may, with the consent of Declarant, be displayed by a Designated Builder to advertise the property during construction and sale of Residences and the maintenance of model homes, no sign of any kind shall be displayed to the public view on any Lot except that one sign of not more than four (4) square feet may be displayed at any time for the purpose of advertising the property for sale or for rent. -5- (c) Fencin . No fence, wall, hedge or shrub planting higher than eighteen (18) inches shall be permitted between the front property Iine and the front building set -back line except where such planting is located on a Landscape Easement or is part of Residence landscaping and the prime, root thereof is within four (4) feet of the Residence. Trees shall not be deemed "shrubs" unless planted in such a manner as to constitute a "hedge". No chain link fence shall be erected upon a Lot. No fence shall be erected or maintained on or within any Landscape Easement except such as may be installed by Declarant and subsequently replaced by the Corporation in such manner as to preserve the uniformity of such fence. In no event may any fence be erected or maintained on any Lot without the prior approval of the Architectural Review Board, which may establish design standards for fences and further restrictions with respect to fencing, including limitations on (or prohibition of) the installation of fences in the rear yard of a Lot and along the bank of any Lake or Pond. All fences shall be kept in good repair. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the street shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting points 25 feet from the intersection of said street lines, or in the case of a street line with the edge of a driveway pavement or alley line. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. (d) Vegetation. An Owner shall not permit the growth of weeds and volunteer trees and bushes on his Lot, and shall keep his Lot reasonably clear from such unsightly growth at all times. If an Owner fails to comply with this Restriction, the Board of Directors shall cause"the weeds to be cut and the Lot cleared of such growth at the expense of the Owner thereof and the Corporation shall have a lien against the cleared Lot for the expense thereof (e) Nuisances. No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood. Barking dogs shall constitute a nuisance. (f) Garbage and Refuse Disposal. 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. All equipment for storage or disposal of such materials shall be kept clean and sanitary. (g) 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 such permitted pets shallconfine them to their n respective Lots such that they will not be a nuisance. Owners of dogs shall so control or confine them so as to avoid barking which will annoy or disturb adjoining Owners. (h) Outside Burnintt. No trash, leaves, or other materials shall be burned upon a Lot if smoke therefrom would blow upon any other Lot and, then, only in acceptable incinerators and in compliance with all applicable legal requirements. (i) Antennas and Receivers. No satellite receiver, down -link or antenna which is visible from a public way or from any other Lot, and no satellite dish greater than eighteen (18) inches in diameter shall be permitted on any Lot without the prior written consent of the Architectural Review Board. Unless consent thereto is granted by a majority of the Owners, the Architectural Review Board shall not give its consent to the installation of any exterior television antenna if television reception is available from underground cable connections serving the Lot, nor shall it give its consent to the installation of any other exterior antenna unless all Owners of Lots within 200 feet of the Lot upon which the proposed antenna would be erected consent in writing to the installation thereof. (j) Exterior Lights. No exterior lights shall be erected or maintained between the building line and rear lot line so as to shine or reflect directly upon another Lot. (k) Electric Bug Killers. Electric bug killers, "zappers" and other similar devices shall not be installed at a location or locations which will result in the operation thereof becoming a nuisance or annoyance to other Owners and shall only be operated when outside activities require the use thereof and not continuously. 0) Air Conditioners. No room air conditioning unit shall be installed so as to protrude from any structure located on a Lot (including but not limited to the window of any Residence or garage) if the same would be visible from a public way, a Community Area or any other Lot; provided, however, that this Restriction shall not apply to central air conditioning units. 6. General Community Rules. Each Lot shall be subject to the guidelines, rules, regulations and procedures adopted by the Architectural Review Board pursuant to Paragraph 20(a) iii) of the Declaration of Covenants and Restrictions, and each Owner of a Lot shall at all times - comply therewith 7. Assessments. The Board of Directors may make Assessments to cover any costs incurred in enforcing these covenants or in undertaking any maintenance or other'activity that is the responsibility of the Owner of a Lot hereunder but which such Owner has not undertaken as required hereunder. Any such Assessment shall be assessed only against those Owners whose failure to -7- comply with the requirements of these covenants necessitated the action to enforce these covenants or the undertaking of the maintenance or other activity. 8. Enforcement. The right to enforce each of the foregoing Restrictions by injunction, together with the right to cause the removal by due process of law of structures erected or maintained in violation thereof; is reserved to Declarant, the Corporation, the Architectural Review Board, the Owners of the Lots in the Parcel, their heirs and assigns, and to the Zoning Authority, their successors and assigns, who are entitled to such relief without being required to show any damage of any kind to Declarant, the Corporation, the Architectural Review Board, any Owner or Owners, or such Zoning Authority by or through any such violation or attempted violation. Under no circumstances shall Declarant, the Corporation or the Architectural Review Board be liable for damages of any Idnd to any Person for failure to abide by, enforce or cavy out any provision or provisions of this Supplemental Declaration. There shall be no rights of reversion or forfeiture of title resulting from any violations. 9. Severability. Invalidation of any of these covenants and restrictions or any part thereof by judgment or court order shall not affect or render the remainder of said covenants and restrictions invalid or inoperative. 10. Non -Liability of Declarant. Declarant shall have no duties, obligations or liabilities hereunder except such as are expressly assumed by Declarant, and no duty of or warranty by, Declarant shall be implied by or inferred from any term or provision of this Supplemental Declaration. 11. General Provisions. This Supplemental Declaration may be amended at any time in the manner provided in Paragraph 27 of the Declaration of Covenants and Restrictions except that no amendment adopted pursuant to Paragraph 27(a) of the Declaration of Covenants and Restrictions shall be effective as against a Mortgagee who subsequently acquires title to a Lot unless approved by at least two-thirds (2/3) of the Mortgagees who hold first mortgages on the Lots in the Parcel (based on one vote for each first mortgage owned) or at least two-thirds (2/3) of the Owners of the Lots in the Parcel (excluding Declarant). Except as the same may be amended from time to time, the foregoing restrictions will be in full force and effect until January 1, 2027, which time they will be automatically extended for successive periods of ten (10) years, unless by a vote of the majority of the then Owners of Lots in the Parcel it is agreed that these Restrictions shall terminate in whole or in part. -9- t IN WITNESS WHEREOF, this Supplemental Declaration has been executed as of the date first above written. BDC/CARDINAL ASSOCIATES a LLL Tom Charles Huston, Assistant STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Tom Charles Huston, the Assistant General Manager of BDC/Cardinal Realty, L.P., an Indiana limited partnership, who acimowledged execution of the foregoing Supplemental Declaration of Covenants and Restrictions for and on behalf of said limited partnership. WITNESS my hand and Notarial Seal this 29th day o May, 1997. Notary Public Resichhg in Marion County My Commission Expires: Von Leigh Wilson August 13. 1998 (printed signature This instrument prepared by Tom Charles Huston, Attorney at Law, 1313 Merchants Bank Building, 11 South Meridian Street, Indianapolis, Indiana 46204. DUMI nX MW -9- y f - EXHIBIT A Real Estate Description LAND DESCRIPTION (Chapman's Claim at Prairie View Section 1) Part of the Northwest and Southwest Quarter of Section 26 in Township 18 North, Range 4 East in the Second Principal Meridian in Hamilton County, Indiana being described as follows: Commencing at the Northwest corner of said Southwest Quarter of Section 26; thence on an assumed bearing of South 00 degrees 02 minutes 46 seconds East a distance of 402.88 feet to the Point of Beginning; thence North 89 degrees 57 minutes 14 seconds East a distance of 47.34 feet to a curve having a radius of 560.00 feet, the radius point of which bears South 80 degrees 45 minutes 34 seconds East; thence north along said curve an arc distance of 84.01 feet to a point which bears North 72 degrees 09 minutes 50 seconds West from said radius point; thence North 17 degrees 08 minutes 54 seconds East a distance of 72.25 feet to a curve having a radius of 640.00 feet, the radius point of which bears North 72 degrees 23 minutes 34 seconds West; thence north along said. curve an arc distance of 227.32 feet to a point which bears North 87 degrees 15 minutes 22 seconds East from said radius point; thence North 02 degrees 44 minutes 38 seconds West a distance of 92.95 feet to a curve having a radius of 20.00 feet, the radius point of which bears North 87 degrees 15 minutes 22 seconds East; thence northeasterly along said curve an arc distance of 23.83 feet to a point which bears North 24 degrees 28 minutes 56 seconds West from said radius point also being a point of reversed curvature of a curve having a radius of 142.00 feet, the radius point of which bears North 24 degrees 28 minutes 56 seconds West; thence northeasterly along said curve an arc distance of 24.19 feet to a point which bears South 34 degrees 14 minutes 30 seconds East from said radius point also being a point of reversed curvature of a curve having a radius of 21.00 feet, the radius point of which bears South 34 degrees 14 minutes 30 seconds East; thence easterly along said curve an arc distance of 26.99 feet to a point which bears North 39 degrees 24 minutes 29 seconds East from said radius point also being a point of compound curvature of a curve having a radius of*425.00 feet, the radius point of which bears North 39 degrees 24 minutes 29 seconds East; thence southeasterly along said curve an arc distance of 79.45 feet to a point which bears South 28 degrees 41 minutes 48 seconds West from said radius point also being a point of reversed curvature of a curve having a radius of 20.00 feet, the radius point of which bears South 28 degrees 41 minutes 48 seconds West; thence southeasterly along said curve an arc distance of 24.15 feet to a point which bears South 82 degrees 07 minutes 00 seconds East from said radius point also being a point of reversed curvature of a curve having a radius of 225.00 feet, the radius point of which bears South 82 degrees 07 minutes 00 seconds East; thence southerly along said curve an arc distance of 31.14 feet to a point which bears South 89 degrees 57 minutes 14 seconds West from said radius point; thence South 89 degrees 57 minutes 14 seconds East a distance of 50.00 feet; thence South 00 degrees 02 minutes 46 seconds East a distance of 212.00 feet; thence South 89 degrees 48 minutes 40 seconds East a distance of 440.00 feet; thence North 00 degrees 02 minutes, 46 seconds West a distance of 198.90 feet; thence South 89 degrees 40 minutes 43 seconds East a distance of 5.57 feet EXHIBIT PAGE t oF.LL to a curve having a radius of 375.00 feet, the radius point of which bears South 14 degrees 45 minutes 25 seconds West; thence easterly along said curve an arc distance of 23.18 feet to a point which bears North 18 degrees 17 minutes 54 seconds East from said radius point; thence South 71 degrees 42 minutes 06 seconds East a distance of 191.41 feet; thence South 03 degrees 33 minutes 12 seconds West a distance of 333.21 feet; thence South 86 degrees 26 minutes 48 seconds East a distance of 150.00 feet; thence South 03 degrees 33 minutes 12 seconds West a distance of 115.49 feet to a curve having a radius of 375.00 feet, the radius point of which bears South 86 degrees 26 minutes 48 seconds East; thence southerly along said curve an arc distance of 135.85 feet to a point which bears South 72 degrees 47 minutes 48 seconds West from said radius point; thence South 72 degrees 47 minutes 48 seconds West a distance of 150.77 feet; thence South 21 degrees 46 minutes 31 seconds East a distance of 104.88 feet: thence South 34 decrees 35 minutes 55 seconds East a distance of 173.48 feet; thence South 83 degrees 35 minutes 18 seconds West a distance of 80.00 feet; thence South 06 degrees 24 minutes 42 seconds East a distance of 150.00 feet; thence South 83 degrees 35 minutes 18 seconds West a distance of 11.78 feet to a curve having a radius of 225.00 feet, the radius point of which bears North 06 degrees 24 minutes 42 seconds West; thence westerly along said curve an arc distance of 141.59 feet to a point which bears South 29 degrees 38 minutes 38 seconds West from said radius point; thence North 60 degrees 21 minutes 22 seconds West a distance of 47.40 feet; thence North 29 degrees 38 minutes 38 seconds East a distance of 147.04 feet; thence North 58 degrees 16 minutes 58 seconds West a distance of 81.72 feet; thence North 68 degrees 00 minutes 50 seconds West a distance of 107.80 feet; thence South 89 degrees 57 minutes 14 seconds West a distance of 110.92 feet; thence South 00 degrees 02 minutes 46 seconds East, parallel with the west line of said southwest quarter, a distance of 22.22 feet; thence South 02 degrees 07 minutes 38 seconds West a distance of 110.67 feet to a curve having a radius of 325.00 feet, the radius point of which bears South 02 decrees 07 minutes 38 seconds West; thence easterly along said curve an arc distance of 7.21 feet to a point which bears North 03 degrees 23 minutes 54 seconds East from said radius point; thence South 03 degrees 23 minutes 54 seconds West a distance of 50.00 feet; thence South 00 degrees 02 minutes 46 seconds East, parallel with the west line'of said southwest quarter, a distance of 302.10 feet; thence South 51 degrees 03 minutes 41 seconds East a distance of 35.28 feet; thence South 21 degrees 18 minutes 13 seconds West a distance of 152.24 feet; thence South 17 degrees 35 minutes 04 seconds West a distance of 50.00 feet to a curve having a radius of 225.00 feet, the radius point of which bears North 17 degrees 35 minutes 04 seconds East; thence westerly along said curve an arc distance of 32.79 feet to a point which bears South 25 degrees 56 minutes 06 seconds West from said radius point; thence South 00 degrees 16 minutes 13 seconds East a distance of 173.13 feet; thence South 00 degrees 17 minutes 40 seconds East a distance of 54.49 feet; thence North 89 degrees 50 minutes 56 seconds West a distance of 283.77 feet, thence North 00 degrees 02 minutes 46 seconds West, parallel with the west line of said southwest quarter, a distance of 149.15 feet: thence South 89 degrees 57 minutes 14 seconds West a distance of 207.58 feet to said west line of said Southwest Quarter, thence North 00 degrees 02 minutes 46 seconds West along said west line a distance of 1226.54 feet to the Point of Beginning, containing 28.427 acres, more or less. 1065ldocsl3l 01 pl. doc i 8/06/96 dec i _1 • EXHIBIT PAGE Of LAND DESCRIPTION (Chapman's Claim at Prairie View Section 2) Part of the Southwest Quarter of Section 26 in Township 18 North, Range 4 East in the Second Principal Meridian in Hamilton County, Indiana being described as follows: Commencing at the Northwest corner of said Southwest Quarter; thence South 00 degrees 02 minutes 46 seconds East along the east line thereof a distance of 1629.42 feet; thence North 89 degrees 57 minutes 14 seconds East a distance of 207.58 feet; thence South 00 degrees 02 minutes 46 seconds East parallel with the west line of said Southwest Quarter a distance of 149.15 feet; thence South 89 degrees 50 minutes 56 seconds East a distance of 283.75 feet to the Point of Beginning; thence North 00 degrees 16 minutes 13 seconds West a distance of 227.62 feet to a curve having a radius of 225.00 feet, the radius point of which bears North 25 degrees 56 minutes 06 seconds East; thence easterly along said curve an arc distance of 32.79 feet to a point which bears South 17 degrees 35 minutes 04 seconds West from said radius point; thence North 17 degrees 35 minutes 04 seconds East a distance of 50.00 feet; thence North 21 degrees 18 minutes 13 seconds East a distance of 152.24 feet; thence North 51 degrees 03 minutes 41 seconds West a distance of 35.28 feet; thence North 00 degrees 02 minutes 46 seconds West, parallel with - the west line of said southwest quarter, a distance of 302.10 feet; thence North 03 degrees 23 minutes 54 seconds East a distance of 50.00 feet to a curve having a radius of 325.00 feet, the radius point of which bears South 03 degrees 23 minutes 54 seconds West; thence westerly along said curve an arc distance of 7.21 feet to a point which bears North 02 degrees 07 minutes 38 seconds East from said radius point; thence North 02 degrees 07 minutes 38 seconds East a distance of 110.67 feet; thence North 00 degrees 02 minutes 46 seconds West, parallel with the west line of said southwest quarter, a distance of 22.22 feet; thence North 89 degrees 57 minutes 14 seconds East a distance of 110.92 feet; thence South 68 degrees 00 minutes 50 seconds East a distance of 107.80 feet; thence South 58 degrees 16 minutes 58 seconds East a distance of 81.72 feet; thence South 29 degrees 38 minutes 38 seconds West a distance of 147.04 feet; thence South 60 degrees 21 minutes 22 seconds East a distance of 47.40 feet to a curve having a radius i of 225.00 feet, the radius point of which bears North 29 degrees 38 minutes 38 seconds East from said radius point; thence easterly along said curve an arc distance of 141.59 feet to a point which bears South 06 degrees 24 minutes 42 seconds East from said radius point; thence North 83 degrees 35 minutes 18 seconds East a distance of 11.78 feet; thence North 06 degrees 24 minutes 42 seconds West a distance of 150.00 feet; thence North 83 degrees 35 minutes 18 seconds East a distance of 80.00 feet; thence North 77 degrees 12 minutes 16 seconds East a distance of 52.88 feet; thence North 34 degrees - 35 minutes 55 seconds West a distance of 173.48 feet; thence North 21 degrees 46 minutes 31 seconds West a distance of 104.88 feet; thence North 72 degrees 47 minutes 48 seconds East a distance of 150.77 feet to a curve having a radius of 375.00 feet, the radius point of which bears North 72 degrees 47 minutes 48 seconds East; thence northerly along said curve an arc distance of 30.27 feet to a point which bears South 77 degrees 25 minutes 19 seconds West from said radius point; thence North 77 degrees 25 minutes 19 seconds East a distance of 50.00 feet; thence North 82 degrees 03 minutes EXHIBIT_ PAGE .1 - OFA L 06 seconds East a distance of 101.48 feet; thence South 63 degrees 31 minutes 42 seconds East a distance of 224.14 feet; thence North 89 degrees 59 minutes 42 seconds East a distance of 214.35 feet to the west line of a tract described in deed to Earlham/Conner Prairie Golf Course, L.L.0 per Instrument #94-25771 as recorded in the Office of the Hamilton County Recorder, thence South 00 degrees 00 minutes 18 seconds East along said west line a distance of 1062.92 feet to the north line of a tract of land described in deed to Hamilton County Park Board per Instrument #92-21863 as recorded in the Office of the Recorder of said County; thence North 89 degrees 50 minutes 56 seconds West along said north line a distance of 1146.47 feet to the Point of Beginning, containing 24.65 Acres, more or less. J:110651D0CSICHAP2LG LWPD May 14, 1997, BD EXHIBIT A PAGE OF—JY— Instrument 9709731764 AMENDMENT TO SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS AND NOTATION ON PLAT PRAIRIE VIEW CHAPMAN'S CLAIM This Amendment to Supplemental Declaration of Covenants and Restrictions and Notation on Plat, dated as of the Mk day of August, 1097, by BDC/CARDINAL ASSOCIATES, L.P., an Indiana limited partnership, 9709731764 Filed for Record in WITNESSES THAT: HAMILTON COUNTY, INDIANA MARY L CLARK On 08-04-1997 At 03:08 p.. WHEREAS, the following facts are true: DEC COV RES 15.00 A. Terms used but not defined herein shall have the meaning given such terms in that - certain Supplemental Declaration of Covenants and Restrictions for Chapman's Claim, in Prairie View, dated May 29, 1997 and recorded on July 16, 1997 in the Office of the Recorder of Hamilton County, Indiana as Instrument No. 9709728755 (the "Supplemental Declaration"). B. This Amendment is made to pursuant to the provisions of Paragraph 27 of the Declaration of Covenants and Restrictions. C. A Plat for Section 1 of Chapman's Claim was recorded on February 14, 1997, as Instrument No., 9705551, in Plat Cabinet No. 1, Slide No. 759, in the Office of the Recorder of Hamilton County, Indiana (the "Plat"). D. On July 28, 1997, the Board of Zoning Appeals of the City of Carmel granted (i) in case V-45-97, a variance of Section 33.4.05 of the Carmel/Clay Zoning Ordinance (the "Ordinance") to reduce the required minimum aggregate side yard for Lots (as defined in the Supplemental Declaration) in Chapman's Claim from twenty (20) feet to fifteen (15) feet, and (ii) in case V-46-97, a variance of Section 33.4.05 of the Ordinance to reduce the required minimum side yard for Lots in Chapman's Claim from ten (10) feet to seven and one-half (7.5) feet. E. This Amendment is being made to conform the provisions of the Supplemental Declaration and the Plat to the development standards as established by said variances. NOW, TTEREFORE, the Declarant hereby amends the Supplemental Declaration, and notes with respect to the Plat, as follows: 1. Paragraph 4(d) of the Supplemental Declaration is hereby amended in the following respects: (i) The phrase "ten (10) feet to any side Lot line" in the sixthline thereof is hereby deleted and the phrase "seven and one-half (7.5) feet to any side Lot line" is inserted in lieu thereof. (ii) The aggregate side yard setback shall be fifteen (15), not twenty (20), feet. 2. The side yard setback lines as depicted on the Plat shall be deemed reduced from ten (10) feet to any side Lot line to seven and one-half (7.5) feet to any side Lot line. 3. Except as amended hereby, the Supplemental Declaration and the Plat shall remain in full force and effect without amendment. IN WITNESS WHEREOF, this Supplemental Declaration of Covenants and Restrictions and Notation on Plat has been executed as of the date first above written. BDC/CARDINAL ASSOCIA S, L.P By 41 U66 - Tom Charles Huston Assistant General Manager STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Tom Charles Huston, the Assistant General Manager of BDC/Cardinal Associates, L.P., an Indiana limited partnership, who acknowledged execution of the foregoing Amendment to Supplemental Declaration of Covenants and Restrictions and Notation on Plat for and on behalf of said limited partnership. WITNESS my hand and Notarial Seal this -1,-It day of August, 1997. I Notary Public Residing in Fianari nka County My Commission Expires: F Marie M. Urick —y? d 1 Q Q 9 (printed signature)+ - d This instrument prepared by David R. Warshauer, Attorney at Law, 12722 Hamilton Crossing Boulevard, Carmel, Indiana 46032.