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HomeMy WebLinkAboutSycamore Farms - Covenants & RestrictionsSYCAMORE FARM SECTION 1 SECONDARY PLAT PART OF THE N.W.1/4 OF SECTION 4-T17N-R4E HAMILTON COUNTY INDIANA PLAT, COVENANTS, CONDITIONS AND RESTRICTIONS The undersigned, C.P. Morgan Communities LP., by C.P. Morgan investment Co., Inc., General Partner, by Mark W. Boyce, Vice President as Owner of the within described real estate, do hereby lay off, plat and subdivide the same into lots and streets in accordance with the within plat. The within plat shall be known and designated as Sycamore Farm Section 1, a subdivision in Hamilton County, lndiana. Public Streets: The streets and public rights-of-way shown hereon, subject to construction standards and acceptance, are hereby dedicated to the public use, to be owned and maintained by the governmental body having jurisdiction. Residential Uses: All lots in this subdivision shall be used solely for residential purposes. No business buildings shall be erected on said lots, and no business may be conducted on any part hereof other than the home occupations permitted In the Zoning Ordinance of the City of Carmel, Indiana. No accessory outbuilding, garage, tool shed, storage binding, or any other attached or detached building erected or used as an accessory building to a residence shall be erected without the prior approval of the developer or the Association as the case may be. Any such structure shall be of a permanent type of construction and shall conform to the general architectural and appearance of such residence. No trailer, shack, tent, boat, garage or other outbuilding may be used at any time as a residence, temporary or permanent; nor may any structure of a temporary character be used as a residence. Building location: No building or structure shall be located on any lot nearer to the front lot line or nearer to the side street lot line (corner lots) than the minimum building setback lines as shown on the within plot. Drainage, Utility and Sewer Easements: There are strips of ground as shown on the within plat marked 'DU&SE" (drainage utility and sewer easement) which are reserved for the nonexclusive use of public utility companies, including cable television companies but not inducting transportation companies, for the installation and maintenance of mains, ducts, poles, lines, wires, sewers and drainage, subject at all times to the proper authorities and to the easements herein reserved. No permanent or other structures shall be erected or maintained on said strips except for fences, patios, decks, driveways and walkways. The owners of such lots in this addition, however, shall take their title subject to the nonexclusive rights of the public utilities and other owners of said lots in this addition to said easements herein granted for ingress and egress in, along and through the strips so reserved. Drainage Easements: There are areas of ground on the plat marked "drainage easements". The drainage easements are hereby created and reserved: (I) for the use of Developer during the development period, as such term is defined in the declaration of covenants, conditions and restrictions, for access to and installation, repair or removal of a drainage system, either by surface drainage or appropriate underground installations for the real estate and adjoining property and (II) for the nonexclusive use of the Association (as defined in the declaration), the Board of Public Works and Safety or any other applicable governmental authority for access to and maintenance, repair and replacement of said drainage system and common areas; provided, however, the owner of any lot ion the subdivision subject to a drainage easement shall be required to keep the portion of said drainage easement on his lot free from obstructions so that the surface water drainage will be unimpeded. The delineation of the drainage easement areas on the plat shall not be defined a limitation on the right of any entity for whose use any such easement is created and reserved to go on any lot subject to such easement temporarily to the extent reasonably necessary for the exercise of the rights granted to by this paragraph. No permanent or other structures shall be erected or maintained on said drainage easements except for fences, patios, decks, driveways and walkways. The owners of such lots in this subdivision, however, shall take their title subject to the nonexclusive rights of the Board of Public Works and Safety and other owners of said lots in this addition to sold easements herein granted for ingress and egress in, along and through the strips so reserved. Tree Preservation Areas: There are strips of ground as shown on the within plot marked 'Tree Preservation Area". No trees or shrubs, except for those which are diseased or dead or create a safety hazard, shall be removed by the developer during the development period, or the association or lot owners thereafter, except in accordance with applicable regulations or procedures, if any, approved by the City of Camel, Indiana No permanent or other structure shall be erected or maintained within the Tree Preservation Areas, except for fences as approved by the association or developer. The trees, shrubs or other landscaping existing or hereafter installed therein shall be maintained by the owner of any lot subject to such Tree Preservation Areas. Developer's Right to Perform Certain Maintenance: In the event that any owner of a lot shall fail to maintain his lot and any improvements situated thereon in accordance with these restrictions, Developer shall have the right, but not obligation, by and through its agents and 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 improvement situated thereon, if any, conform to the requirements of these restrictions. The cost thereof shall be an expense of the lot owners and the Developer may seek collection of costs in any reasonable manner including placing a lien against said real estate for the expense thereof. Neither the Developer, nor any of its agents, employees or contractors shall be liable for any damage which may result from any maintenance work performed hereunder. Upon completion of the development period, the Association shall succeed to the rights of the Developer. Common Area: There are areas of ground on the plot marked "Common Area”. The common areas are hereby created and reserved: I. For the common visual and aesthetic enjoyment of the owners and ll. For the use by the Developer during the development period for the installation of retention and detention ponds or lakes, entryways, trails, playgrounds, community gardens and nature park lands, and Ill. For the use as retention and detention ponds or lakes, entryways, trawls, playgrounds, community gardens and nature pork lands; and IV. For the ownership and use of the Association for the management and control of retention and detention ponds or lakes, entryways, trails, playgrounds, community gardens and nature park lands, and the installation, maintenance and repair of improvements thereto. Sight Distance at Intersections: N o fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and eight (8) feet above the street shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lies, and a line connecting points twenty-five (25) feet from the intersection of said street lines or in the case of a rounded property corner, from the intersection of the street right-of-way lines extended The same sight line limitations shall apply to any lot within ten (10) feet of the intersections of a street right-of-way line with the edge of the driveway pavement or alley line. No tree shall be permitted to remain within such distances of such intersection unless the foliage is maintained at sufficient height to prevent obstruction of the sight line. Entrywalls: There are entry walls located at the entry of the subdivision. These entrywalls shall be maintained by the Association and are not the responsibility of the City of Camel, Indiana. Driveways: All driveways wil l be paved by the builder at the time of the original construction. Maintenance of the driveways thereafter, including resurfacing or repaving, shell conform with and be uniform to the surface provided at the time of original construction. Sidewalks: Each residence constructed on a lot shall have a continuous sidewalk from the driveway to the front porch. Signs: No sign of any kind shall be displayed to the public view on any lot, except that one sign of not more than six (6) square feet may be displayed at any time for the purpose of advertising the property for sale or rent, except the Developer may use larger signs during the sale and development of this subdivision. Mailboxes: The mailboxes initially installed by the Developer include a newspaper holder/box. No additional newspaper boxes or attachments may be added to the mailbox structure. Animals: No farm anim als, fowls or domestic animals for commercial purposes shall be kept or permitted on any lot or lots in this subdivision. No noxious, unlawful or otherwise offensive activity shall be carried out on any lot in this subdivision, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Motor Vehicles and Trailers: All motor vehicles belonging to members of a household shall have permanent parking spaces in garages or driveways and no disabled vehicle shall be openly stored on any residential lot. Only passenger cars, station wagons or small trucks (pickups, vans of a size not larger than may be parked within the garage) shall be regularly parking on or adjacent to a lot. Also, no boat, trailer, camper or motor home of any kind (including, but not in limitation thereof, house trailers, camper trailers or boat trailers) shall be kept or parked upon said lot except within a garage or other approved structure. Trash and Waste: No lot shall be used or maintained as a dumping ground for trash, rubbish, garbage or other waste shall be kept i n sanitary containers. All equipment for storage or disposal of such materials shall be kept clean and shall not be stored on any lot in open public view. All trash, rubbish, garbage or other waste shall be regularly removed from a lot and shall not be allowed to accumulate thereon. Swing sets: Wooden swing set structures are permitted, however metal structures are not permitted. Storage Tanks: Any gas or of storage tanks used in connection with a lot shall be either buried or located in a garage or house such that they are completely concealed from public view. Water and Sewage: No private or semiprivate water supply and/or sewage disposal system (septic tanks, absorption fields or any other method of sewage disposal) shall be located or constructed on any lot or lots in the subdivision. Antennas: No antenna in this subdivision shall exceed five (5) feet above a roof peak. Satellite Dishes: No satellite dishes shall be installed or permitted in this subdivision except those with a diameter of thirty-six (36) inches or less. These shall be located out of view from the street. Gutters and Down spouts: All gutters and down spouts in this subdivision shall be painted or of a colored material other than gray galvanized. Awnings: No metal, fiberglass or similar type interior awnings or patio covers shall be permitted in this subdivision. Swimming Pools: No above ground swimming pools shall be permitted in this subdivision. Solar Heat Panels: No solar heat panels shall be permitted on roofs of any structures in this subdivision. All such panels will be enclosed within fenced areas and shall be concealed from the view of neighboring lots and the streets. Storage Sheds and Mini-Barns: No detached storage sheds, mini-barns, garages or other detached accessory buildings shall be installed or permitted in this subdivision. Modular Homes: Modular homes shall not be permitted in this subdivision. Street Access: All lots shall be accessed from the interior streets of this subdivision. There shall be no direct driveway access to Gray Road. Drainage Swales: Drainage swales (ditches) along.; dedicated roadways and within the right-of-way or on dedicated easements, are not to be altered, dug out, filled in, tiled or otherwise changed without the written permission of the Board of Public Works and Safety. Property owners must maintain these swales as sodded grassways or other non-eroding surfaces. Driveways may be constructed over these swales or ditches only when appropriate sized culverts or other approved structures have been permitted by the Board of Public Works and Safety. Culverts must be protected especially at the ends by head walls or metal end sections, and, if damaged enough to retard the water flow, must be replaced. Any property owner altering, changing or damaging these drainage swales or ditches will be held responsible for such action and will be given ten (10) days notice by registered mail, after which time, if no action is taken, the Board of Public Works and Safely or Association may cause said repairs to be accomplished and the bill for said repairs will be sent to the affected property owner for immediate payment. Fencing: No fence shall be higher than six (6) feet. No fencing shall extend forward of a point which is ten (10) feet behind the front comer of the residence. Chain link fence must have a brown or black finish. No fences, except those fences installed initially by the Developer, shall be erected without the prior written consent of the Development Control Committee. Enforcement: Violation or threatened violation of these covenants and restrictions shall be grounds for an action by the Developer, Association, any person or entity having any right, title or interest in the real estate (or any part thereof) and all persons or entities claiming under them against the person or entity violating or threatening to violate any such covenants or restrictions. Available relief in any such action shall include recovery of damages or other sums due for such violation, injunctive relief against any such violation or threatened violation, declaratory relief and the recovery costs and attorneys' fees incurred by any party successfully enforcing these covenants and restrictions, provided, however, that neither the Developer nor the Association shall be liable for damages or any kind to any person for failing to enforce or carry out such covenants and restrictions. The Carmel City Planning Commission, its successors and assigns, shall not have right, power or authority to enforce any covenants, commitments, restrictions or other limitations contained in this plat other than those covenants, commitments, restrictions or limitations that expressly run in favor of the Carmel City Planning Commission; provided further that nothing herein shall be constructed to prevent the Camel City Planning Commission from enforcing any provisions of the Subdivision Control Ordnance, as amended, or any conditions attached to approval of this plot by the City Council. Term: The within covenants, limitations and restrictions are to run with the land and shall be binding on all parties claiming under them. These covenants shall be in full force and effect for a period of twenty-five (25) years from recording date. At which time said covenants shall be automatically extended for successive period of ten (10) years unless by vote of the majority of the then owners of the lots, it is agreed to change the covenants in whole or in part. Invalidation of any of the covenants by judgment of court order shall in no way affect any of the other provisions which shall remain in full force and effect. IN WITNESS WEREOF, C.P. Morgan Communities LP., by C.P. Morgan I vestment Co., Inc., General Partner, by Mark W. Boyce, Vice President, have hereunto caused its and their names to be subscribed this 11th day of September , 1996 . The C.P. Morgan Investment Co., Inc. General Partner Mark W. Boyce, Vice President STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared C.P. Morgan Communities LP., by CP. Morgan Investment Co., Inc., General Partner, by Mark W. Boyce, Vice President, and acknowledged the execution of the foregoing instrument as its voluntary act and deed and affixed their signature thereto. Witness my signature and Notary Seal this 11th day of September, 1996 NOTARY PUBLIC: My Commission Expires: My County of Residence: Hamilton This Instrument prepared by C.P. Morgan Communities LP., by CP. Morgan Investment Co., Inc„ General Partner, by Mark W.Boyce, Vice President Development Standards: The following development standards apply to Sycamore Farm Section 1 for conventional homes: a. Minimum front yard setback - forty (40) feet from back of right-of-way line. b. Minimum rear yard setback - twenty (20) feet for primary residence and fifteen (15) feet for all other uses. c. Minimum side yard setback - ten (10) feet with an aggregate side yard of thirty (30) feet. d. Minimum house size - one-story dwelling: one-thousand (1000) square feet, two-story dwelling eight-hundred (B00) square feet. The real estate described within this plat is hereby platted, subdivided and made subject to these plat covenants, conditions and restrictions and is further subject to the terms, definitions and conditions of a certain declaration of covenants, conditions and restrictions recorded as Instrument number 9639016 in the Office of the Recorder of Hamilton County, Indiana. SHEET 3 OF 3 JOB # 985.01 SYCAMORE FARM SECTION 2 SECONDARY PLAT PART OF THE N.W.1/4 OF SECTION 4-T17N-R4E HAMILTON COUNTY, INDIANA PLAT, COVENANTS, CONDITIONS AND RESTRICTIONS The undersigned, C.P. Morgan Communities LP., by C.P. Morgan Investment Co„ Inc., General Partner, by Mark W. Boyce, Ace President as Owner of the within described real estate, do hereby lay off, plat and subdivide the same into lots and streets in accordance with the within plat. The within plat shall be known and designated as Sycamore Farm Section 2, a subdivision In Hamilton County, Indiana. Public Streets: The streets and public rights-of-way shown hereon, subject to construction standards and acceptance, are hereby dedicated to the public use, to be owned and maintained by the governmental body having jurisdiction. Residential Uses: All lots in this subdivision shall be used solely for residential purposes. No business buildings shall be erected on said lots, and no business may be conducted on any part hereof other than the home occupations permitted in the Zoning Ordinance of the City of Carmel, Indiana. No accessory outbuilding, garage, tool shed, storage building, or any other attached or detached building erected or used as an accessory building to a residence shall be erected without the prior approval of the developer or the Association as the case may be. Any such structure shall be of a permanent type of construction and shall conform to the general architectural and appearance of such residence. No trailer, shack, tent, boat, garage or other outbuilding may be used at any time as a residence, temporary or permanent; nor may any structure of a temporary character be used as a residence. Building Location: No building or structure shall be located on any lot nearer to the front lot line or nearer to the side street lot line (comer lots) than the minimum building setback lines as shown on the within plat Drainage, Utility and Sewer Easements: There are strips of ground as shown on the within plat marked 'DU&SE' (drainage utility and sewer easement) which are reserved for the nonexclusive use of public utility companies, including cable television companies but not including transportation companies, for the installation and maintenance of mains, ducts, poles, lines, wires, sewers and drainage, subject at all times to the proper authorities and to the easements herein reserved. No permanent or other structures shall be erected or maintained on said strips except for fences, patios, decks, driveways and walkways. The owners of such lots in this addition, however, shall take their title subject to the nonexclusive rights of the public utilities and other owners of said lots in this addition to said easements herein granted for ingress and egress in, along and through the strips so reserved Drainage Easements: There are areas of ground on the plat marked 'drainage easements". The drainage easements are hereby created and reserved (I) for the use of Developer during the “development period", as such term is defined in the declaration of covenants, conditions and restrictions, for access to and Installation, or removal of a drainage system, either by surface drainage or appropriate underground installations for the real estate and adjoining property and (II) for the nonexclusive use of the Association (as defined in the declaration), the Board of Public Works and Safety or any other applicable governmental authority for access to and maintenance, repair and replacement of such drainage system and common areas; provided, however, the owner of any lot h the subdivision subject to a drainage easement shall be required to keep the portion of said drainage easement on his lot free from obstructions so that the surface water drainage will be unimpeded The delineation of the drainage easement areas on the plat shat not be deemed a limitation on the right of any entity for whose use any such easement is created and reserved to go on any lot subject to such easement temporarily to the extent reasonably necessary for the exercise of the rights granted to by this paragraph. No permanent or other structures shall be erected or maintained on said drainage easements except for fences, patios, decks, driveways and walkways. The owners of such lots in this subdivision, however, shall take their title subject to the nonexclusive rights of the Board of Public Works and Safety and other owners of said lots in this addition to said easements herein granted for ingress and ingress in, along and through the strips so reserved. Tree Preservation Area: There are strips of ground as shown on the within plat marked "Tree Preservation Area'. No trees or shrubs, except for those which are diseased or dead or create a safety hazard, shall be removed by the developer during the development period, or the association or lot owners thereafter, except in accordance with applicable regulations or procedures, if any, approved by the City of Carmel, Indiana. No permanent or other structure shall be erected or maintained within the Tree Preservation Areas, except for fences as approved by the association or developer. The trees, shrubs or other landscaping existing or hereafter installed therein shall be maintained by the owner of any lot subject to such Tree Preservation Areas. Developer's Right to Perform Certain Maintenance: In the event that any owner of a lot shall fail to maintain his lot and any improvements situated thereon in accordance with these restrictions, Developer shall have the right, but not obligation, by and through its agents and 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 improvement situated thereon, if any, conform to the requirements of these restrictions. The cost thereof shall be an expense of the lot owners and the Developer may seek collection of costs in any reasonable manner including placing a lien against said real estate for the expense thereof. Neither the Developer, nor any of its agents, employees or contractors shall be liable for any damage which may result from any maintenance work performed hereunder. Upon completion of the development period, the Association shall succeed to the rights of the Developer. Common Area: There are areas of ground on the plot marked 'Common Area'. The common areas are hereby created and reserved: I. For the common visual and aesthetic enjoyment of the owners; and II. For the use by the Developer during the development period for the installation of retention and detention ponds or lakes, entryways, trails, playgrounds, community gardens and nature park lands; and IlI. For the use as retention and detention ponds or lakes, entryways, hole, playgrounds, community gardens and nature park lands; and IV. For the ownership and use of the Association for the management and control of retention and detention ponds or lakes, entryways, trails, playgrounds, community gardens and nature park lands, and the Installation, maintenance and repair of improvements thereto. Sight Distance at intersections: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and eight (8) 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 twenty-five (25) feet from the intersection of said street lines or in the case of a rounded property corner, from the intersection of the sheet right-of-way lines extended. The same sight line limitations shall apply to any lot within ten (10) feet of the intersections of a street right-of-way line with the edge of the driveway pavement or alley line. No tree shall be permitted to remain within such distances of such intersection unless the foliage is maintained at sufficient height to prevent obstruction of the sight line. Entrywalls: There are entrywalls located at the entry of the subdivision. These entrywalls shall be maintained by the Association and are not the responsibility of the City of Carmel, Indiana. Driveways: All driveways will be paved by the builder at the time of the original construction. Maintenance of the driveways thereafter, including resurfacing or repaving, shall conform with and be uniform to the surface provided at the time of original construction. Sidewalks: Each residence constructed on a lot shall have a continuous sidewalk from the driveway to the front porch. Signs: No sign of any kind shall be displayed to the public view on any lot, except that one sign of not more than six (6) square feet may be displayed at any time for the purpose of advertising the property for sale or rent, except the Developer may use larger signs during the sale and development of this subdivision. Mailboxes: The mailboxes initially installed by the Developer include a newspaper holder/box. No additional newspaper boxes or attachments may be added to the mailbox structure. Animals: No farm animals, fowls or domestic animals for commercial purposes stall be kept or permitted on any lot or lots in this subdivision. No noxious, unlawful or otherwise offensive activity shall be carried out on any lot in this subdivision, nor shall anything be done thereon which may be or may become on annoyance or nuisance to the neighborhood. Motor Vehicles and Trailers: All Motor vehicles belonging to members of a household shall have permanent parking spaces in garages or driveways and no disabled vehicle shall be openly stored on any residential lot. Only passenger cars, station wagons or small trucks (pickups, vans of a size not larger than may be parked within the garage) shall be regularly parking on or adjacent to a lot Also, no boat, trailer, camper or motor home of any kind (including, but not in limitation thereof, house trailers, camper trailers or boat trailers) shall be kept or parked upon said lot except within a garage or other approved structure. Trash and Waste: No lot shall be used or maintained as a dumping ground for trash, rubbish, garbage or other waste. All trash, rubbish, garbage or other waste shall be kept in sanitary containers. All equipment for storage or disposal of such materials shall be kept clean and shall not be stored on any lot in open public view. All trash, rubbish, garbage or other waste shall be regularly removed from a lot and shall not be allowed to accumulate thereon. Swing sets: Wooden swing set structures are permitted, however metal structures are not permitted. Storage Tanks: Any gas or oil storage tanks used in connection with a lot shall be either buried or located in a garage or house such that they are completely concealed from public view. Water and Sewage No private or semiprivate water supply and/or sewage disposal system (septic tanks, absorption fields or any other method of sewage disposal) shall be located or constructed on any lot or lots in the subdivision. Antennas: No antenna in this subdivision shall exceed five (5) feet above a roof peak. Satellite Dishes: No satellite dishes shall be installed or permitted in this subdivision except those with a diameter of thirty-six (36) inches or less. These shall be located out of view from the street. Gutters and Down spouts: All gutters and down spouts in this subdivision shall be painted or of a colored material other than gray galvanized. Awnings: No metal, fiberglass or similar type material awnings or patio covers shall be permitted in this subdivision. Swimming Pools: No above ground swimming pools shall be permitted in this subdivision. Solar Heat Panels: No solar heat panels shall be permitted on roofs of any structures in this subdivision. All such panels will be enclosed within fenced areas and shall be concealed from the view of neighboring lots and the streets. Storage Sheds and Mini-Barns: No detached storage sheds, mini-barns, garages or other detached accessory buildings shall be installed or permitted in this subdivision. Modular Homes: Modular homes shall not be permitted in this subdivision. Street Access: All lots shall be accessed from the interior streets of this subdivision. There shall be no direct driveway access to Gray Road. Drainage Swales: Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated easements, are not to be altered, dug out, filled in, tiled or otherwise changed without the written permission of the Board of Public Works and Safety. Property owners must maintain these swales as sodded grass ways or other non-eroding surfaces. Driveways may be constructed over these swales or ditches only when appropriate sized culverts or other approved structures have been permitted by the Board of Public Works and Safety. Culverts must be protected especially at the ends by head walls or metal end sections, and, if damaged enough to retard the water flow, must be replaced. Any property owner altering, changing or damaging these drainage swales or ditches will be held responsible for such action and will be given ten (10) days notice by registered mail, after which time, if no action is taken, the Board of Public Works and Safety or Association may cause said repairs to be accomplished and the bill for said repairs will be sent to the affected property owner for immediate payment. Fencing: No fence shall be higher than six (6) feet. No fencing shall extend forward of a point which is ten (10) feet behind the front corner of the residence. Chain link fence must have a brown or black finish. No fences, except those fences installed initially by the Developer, shall be erected without the prior written consent of the Development Control Committee. Enforcement: Violation or threatened violation of these covenants and restrictions shall be grounds for an action by the Developer, Association, any person or entity having any right, title or interest in the real estate (or any part thereof) and all persons or entities claiming under them against the parson or entity violating or threatening to violate any such covenants or restrictions. Available relief in any such action shall include recovery of damages or other sums due for such violation, injunctive relief against any such violation or threatened violation, declaratory relief and the recovery costs and attorneys' fees incurred by any party successfully enforcing these covenants and restrictions, provided, however, that neither the Developer nor the Association shall be liable for damages of any kind to any person for failing to enforce or carry out such covenants and restrictions. The Carmel City Planning Commission, its successors and assigns, shall not have right, power or authority to enforce any covenants, commitments, restrictions or other limitations contained in this plot other than those covenants, commitments, restrictions or limitations that expressly run in favor of the Carmel City Planning Commission; provided further that nothing herein shall be constructed to prevent the Camel City Planning Commission from enforcing any provisions of the Subdivision Control Ordinance, as amended, or any conditions attached to approval of this plot by the City Council. Term: The within covenants, limitations and restrictions are to run with the land and shall be binding on all parties claiming under them. These covenants shall be in full force and effect for a period of twenty-five (25) years from recording date. At which time said covenants shall be automatically extended for successive period of ten (10) years unless by vote of the majority of the then owners of the lots, it is agreed to change the covenants in whole or in part. Invalidation of any of the covenants by judgment of court order shall in no way affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, C.P. Morgan Communities LP., by C.P. Morgan Investment Co., Inc., General Partner, by Mark W. Boyce, Vice President, have hereunto caused its and their names to be subscribed this 6th day of May , 1997 The C.P. Morgan Investment Co., Inc. General Partner Mark W. Boyce, Vice President STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared C.P. Morgan Communities LP., by CP. Morgan Investment Co., Inc., General Partner, by Mark W. Boyce, Vice President, and acknowledged the execution of the foregoing instrument as its voluntary act and deed and affixed their signature thereto. Witness my signature and Notarial Seal this 6th day of May, 97 NOTARY PUBLIC: My Commission Expires: 2/2/01 My County of Residence: Hamilton This instrument prepared by CP. Morgan Communities LP., by C.P. Morgan Investment Co., Inc., General Partner, by Mark W. Boyce. Vice President. Development Standards: The following development standards apply to Sycamore Farm Section 2 for conventional homes: a. Minimum front yard setback - forty (40) feet from back of right-of-way line. b. Minimum rear yard setback - twenty (20) feet for primary residence and fifteen (15) feet for all other uses.. c. Minimum side yard setback - ten (10) feet with an aggregate side yard of thirty (30) feet. d. Minimum house size - one-story dwelling: one-thousand (1000) square feet, two-story dwelling eight-hundred (800) square feet. The real estate described within this plot is hereby platted, subdivided and made subject to these plat covenants, conditions and restrictions and is further subject to the terms, definitions and conditions of a certain declaration of covenants, conditions and restrictions recorded as Instrument number in the Office of the Recorder of Hamilton County, Indiana. SHEET 3 OF 3 JOB # 985.02