HomeMy WebLinkAboutDeclaration of Covenants & Restrictions_06-09-15 i
RECEIVED
JUL I 2017
DOCS
Cross-Reference:
Bramblewood(Plat), Instrument#9433759
Bramblewood,Declaration of Covenants, Instrument#9433757
REVISED AND RESTATED
DECLARATION OF COVENANTS AND RESTRICTIONS
for
BRAMBLEWOOD
COMES NOW the Bramblewood Homeowners Association, Inc., by its Board of
Directors, on this 'J4(, day of -Z-0I , 20 r5"' , and states as follows:
WITNESSETH THAT:
WHEREAS, the residential community in Hamilton County, Indiana commonly
known as Bramblewood was established upon the recording of certain documents with
the Office of the Recorder for Hamilton County, Indiana; and
WHEREAS, the Plat for Bramblewood was recorded with the Office of the
Hamilton County Recorder on August 2, 1994, as Instrument#9433759; and
WHEREAS, the Bramblewood subdivision is subject to Covenants which run with
the land, namely the Bramblewood Declaration of Covenants and Restrictions
("Declaration") recorded in the Office of the Hamilton County Recorder on August 2,
1994, as Instrument#9433757; which states that by taking a deed to any Lot within the
Bramblewood subdivision each owner becomes a mandatory member of the
Bramblewood Homeowners Association, Inc., an Indiana nonprofit corporation
("Association"); and
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WHEREAS, the Association was initially incorporated as a for-profit corporation
pursuant to Articles of Incorporation ("Articles") filed with, and approved by, the Indiana
Secretary of State on August 10, 1994; the Association was then re-incorporated
pursuant to the above listed Declaration as a non-profit corporation pursuant to Articles
of Incorporation ("Articles") filed with, and approved by, the Indiana Secretary of State
on August 26, 2014; and
WHEREAS, the Declaration, Paragraph 16(A), states that the Declaration may
be amended at any time by a vote of at least two-thirds (2/3) of the Owners in
Bramblewood; and
WHEREAS, the Association has collected written approvals from at least two-
thirds (2/3) of the current Owners of lots in Bramblewood voting in favor of the adoption
of this Revised and Restated Declaration of Covenants and Restrictions for
Bramblewood, with the votes of the Owners both in favor and against said Revised and
Restated Declaration attached hereto as "Exhibit A"; and
WHEREAS, it is the intent of the Owners approving this Revised and Restated
Declaration of Covenants and Restrictions for Bramblewood that this Revised and
Restated Declaration shall become the sole Declaration for the Bramblewood
community, and shall run with the land and shall be binding upon all Owners and upon
the parties having or acquiring any right, title or interest, legal or equitable, in and to the
real property or any part or parts thereof subject to such restrictions, and shall inure to
the benefit of all successors in title to any real estate in the Bramblewood development;
NOW, THEREFORE, the Association, with the approval of at least two-thirds
(2/3) of the current Owners of lots in Bramblewood, hereby adopts this Revised and
Restated Declaration of Covenants and Restrictions for Bramblewood, which shall read
as follows:
[End of Recitals]
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REVISED AND RESTATED
DECLARATION OF COVENANTS AND RESTRICTIONS
for
BRAMBLEWOOD
1. DEFINITIONS. The following are the definitions of the terms as they are used in
this Declaration:
A. "Association" or"Corporation" means the Bramblewood Homeowners
Association, Inc., an Indiana nonprofit corporation.
B. "Board of Directors" (hereinafter referred to as "Board") shall mean those
members who volunteered, were chosen, or elected to serve in a voluntary
position, to carry out the organization and business of the Association.
C. "City" shall mean City of Carmel, Hamilton County, Indiana.
D. "Common Expenses" means the expenses shared by the owners on a
pro-rata basis for the mowing, street lights, maintenance of the landscaping and
entryways, maintenance of the pond, maintenance of mailboxes and posts,
enforcement of the Declaration, and administration of the Association in
Bramblewood.
E. "Declaration", also simply called "Covenants" or"Restrictions", means this
Revised and Restated Declaration of Covenants and Restrictions for
Bramblewood, and any amendments later made to the Declaration, if any.
F. "Lot" shall mean any individual parcel of residential real estate described
by the plat for the Bramblewood community which is recorded in the office of the
Recorder of Hamilton County, Indiana.
G. "Neighborhood" or "Community" shall mean all lands and residences
contained in the platted areas of the development known as "Bramblewood".
H. "Owner" shall mean the record owner (i.e. the name on the deed), whether
one or more persons or entities, of a fee simple title to any Lot which is a part of
the Neighborhood, but excluding those having such interest merely as security
for the performance of an obligation.
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"Residence' means any structure intended exclusively for occupancy by a
single family together with all appurtenances thereto, including attached garage,
usual and incidental to the use of a single family residential lot.
J. "Tract", or"Property" or "Real Estate", means the lands described on the
recorded Plat for the Bramblewood Community and "Exhibit A" attached to this
Revised and Restated Declaration.
2. CHARACTER OF THE NEIGHBORHOOD
A. In General. Every numbered lot platted as a part of the Neighborhood is
for residential purposes only. No structure shall be erected, placed or permitted
to remain upon any of said residential lots except a single-family dwelling house
with attached garage. No double occupancy dwelling shall be permitted on any
part of the Neighborhood.
B. No Accessory Buildings. Notwithstanding anything contained herein, and
in addition to all restrictions set forth in the Plat of the Neighborhood, any and all
forms of detached outbuilding, shed, storage shed, garage, carport, large animal
quarters, etc., are strictly prohibited.
C. Rental Restriction. For the purpose of maintaining the congenial and
residential character of Bramblewood, for the protection and maintenance of
property values by encouraging the maintenance, improvement and updating of
the Lots within the Bramblewood community, and in an effort to limit investment
purchasers, institutional buyers, and others from buying properties within the
Bramblewood subdivision for the purpose of leasing or renting the properties in
the subdivision, all homes in the Bramblewood development must be OWNER-
OCCUPIED for a minimum of five (5) years from the date the Owner takes title to
a property within the Neighborhood. The term "Owner-Occupied" means that the
home must be occupied by the titled Owner(i.e. the name on the lot's deed),
along with the titled Owner's spouse or significant other, the titled Owner's
dependent children, the titled Owner's live-in caretaker, and any temporary
visitors and guests of the titled Owner (so long as the titled Owner also lives in
the home). The term "Owner-Occupied" does not include the representatives,
employees, agents or guests of a corporation, partnership, or other entity.
During this five (5) year period of required Owner Occupancy, a home may NOT
be occupied by anyone renting, leasing, leasing to own, or purchasing on
contract the home.
The Board may approve a hardship exception to this restriction when
deemed reasonably appropriate by the Board under the particular circumstances.
Examples of a hardship may include job transfer, divorce, military deployment,
medical issues, estate planning issues, etc. An owner must submit a written
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request for a hardship exception to the Board, and the request must contain the
owner's reason(s) for requesting the hardship exception along with supporting
information, if any. A decision of whether to grant a hardship exception is strictly
within the discretion of the Board, and may not be overturned by any court unless
it is shown to violate federal or state law.
Once the five (5) year Owner-Occupancy period has expired, the titled
Owner of a lot may lease his property, but all leases must be in writing, for a
period of at least one (1) year, must inform the renter that failure to comply with
the terms of the Declaration is a default under the lease, and the Owner must
provide the Association with a copy of the lease (amounts redacted) within thirty
(30) days of signing the lease agreement or upon request from the Association.
This rental restriction takes effect on the date this covenant is recorded
with the Hamilton County Recorder's Office. This rental restriction will apply to all
Owners taking deeded title to a property in Bramblewood after this covenant is
recorded. Any Owner taking deeded title to a property within Bramblewood
before this covenant is recorded will not be subject to the five (5) year owner-
occupancy restriction. Likewise, this provision does not apply to institutional
mortgagees of any home in Bramblewood which comes into possession of the
home by reason of foreclosure, judicial sale, or deed-in-lieu of foreclosure.
C. Other Restrictions. All tracts of ground in the Neighborhood shall be
subject to the easements, restrictions, and limitations of record appearing on the
recorded plat and amendments thereto of the subdivision, on recorded
easements, rights-of-way, and also to all governmental zoning authority and
regulation affecting the Neighborhood, all of which are incorporated herein by
reference.
D. General Easement. There is hereby created a blanket easement over,
across, through and under the Tract for ingress, egress, installation,
replacement, repair and maintenance of underground utility and service lines and
systems, including but not limited to water, sewers, gas, telephones, electricity,
television, cable or communication lines and systems. By virtue of this easement
it shall be expressly permissible for the Board or the providing utility or Service
Company to install and maintain facilities and equipment on the Tract and to
excavate for such purposes if Board or such company to restores the disturbed
area nearly as is practicable to the condition in which it was found. No sewers,
electrical lines, waterlines, or other utility service lines or facilities for such utilities
may be installed or relocated in a Section except as proposed and approved by
Board by a simple majority vote. Should any utility furnishing a service covered
by the general easement herein provided request a specific easement by
separate recordable document, Board shall have the right to grant such
easement on the Tract without conflicting with the terms hereof. This blanket
easement shall in no way affect any other recorded easements on the Tract,
shall be limited to improvements as originally constructed, and shall not cover
any portion of a Lot upon which a Residence has been constructed.
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3. RESTRICTIONS CONCERNING SIZE, PLACEMENT, MATERIALS AND
MAINTENANCE OF DWELLING HOUSES AND OTHER STRUCTURES.
A. Minimum Living Space Areas. The minimum square footage of living space
of dwelling units constructed on all Lots shall be two thousand (2,000) square
feet for single-story dwelling unit and two thousand five hundred (2,500)
square feet for dwelling units exceeding single story, provided that such
dwelling units shall contain a minimum of one thousand six hundred (1,600)
square feet of living space on the first floor of such unit. For dwelling units
exceeding a single story and containing more than two thousand eight
hundred (2,800) square feet of living area and side loading garage, such units
may contain a minimum area of one thousand four hundred (1,400) square
footage of living space of a dwelling unit shall not include porches, terraces,
garages, or basements.
B. Residential Set-Back Requirements.
a. Front Set-Backs. Unless otherwise provided in this Declaration or on
the recorded plat, all dwelling houses and above-grade structures shall
be constructed or placed on residential Lots in the Neighborhood so as
to comply with the set-back lines, as established on the plat of the
Neighborhood.
b. Side Yards. The side yard set-back lines shall not be less than ten
(10) feet from the side line of the lot with a twenty-five (25) foot
aggregate, unless approved by the Board.
c. Rear Yards. The rear set-back shall be at least thirty (30) feet from the
rear lot line, unless approved by the Board.
C. Mailboxes. Mailboxes shall be uniform as to size, location, height, color, and
composition as determined by the Board. All mailboxes and posts will be
maintained by the Association and the cost of this maintenance shall be made
a part of the Common Expenses.
D. Fences. It is the goal of the Board to keep all fencing or screening as
harmonious as possible with the architectural character of the community. No
fence or screen will be approved if its installation will obstruct necessary sight
lines for vehicular traffic. Undue obstruction of view or other amenities from
adjoining properties will be taken into consideration by the Board when
reviewing fences for approval. Fences shall not be nearer to the front of a
home than the rear foundation line of a home. No front yard or side yard
fences shall be allowed. The Board discourages fencing of the entire back
yard due to the effect that this fencing may have on the feeling of
spaciousness desired by the other property owners. Fences may be privately
installed but must be constructed to professional levels of quality. Non-
professionally installed fences may be inspected by the Board after
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completion in order to ensure that the final product is of a professional quality
and final approval of the fence shall be deemed withheld until successful
completion of this final review. All fences shall be kept in good repair and
properly painted when necessary.
a. Height Restriction. In order to maintain the environmental integrity and
continuity of the community and to enhance the open nature of the
community, rear perimeter fences of no more than four (4) feet in
height shall be constructed. The use of six (6) foot fencing around
small patio areas of a backyard of a home in order to secure privacy
for the immediate patio or to enclose an in ground pool area will be
permitted. The specific fence height restrictions are as follows:
i. Lot fencing and walls above grade shall not exceed four (4) feet
above grade.
ii. Patio screens/in-ground pool area fences shall not exceed six
(6) feet in height.
b. Materials and Finish.
i. Wood, wrought-iron style, brick, stone, or a combination of
these materials, is allowed. All wood fencing shall be a shadow
box design. Any other materials and finishes not listed herein
must be pre-approved in writing by the Board before being
installed.
ii. The installation of a chain link or other galvanized metal fencing
will not be permitted.
iii, Walls above grade must be constructed of natural stone or
masonry.
c. Approval. The exact location, material, color and height of the fence
shall be submitted to the Board for written approval prior to
construction.
E. Sidewalks. Each home shall have a continuous concrete or brick sidewalk
from the driveway to the front porch. In addition, each Lot shall be serviced
by a three (3) foot concrete walk on all portions of the Lot with street frontage.
F. Air and Gas Units. No Heat Pumps, air conditioning units or gas meters shall
be installed on the front of the house.
G. Windows-Doors. If storm doors are installed, they must be painted to match
exterior of the home. No unfinished aluminum doors or windows will be
allowed. All windows must be wood frame or wood frame windows with clad
exterior, unless otherwise approved by the Board.
H. Vents. All metal and PVC roof or range vents will be painted to blend with the
roof color. Every effort should be made to locate such vents to the rear of the
house.
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I. Plumbing. All plumbing vent stacks are to be on rear of house. Sump pump
lines shall be connected to underground laterals or storm sewers as provided
in the Neighborhood plan.
J. Awnings. No metal, fiberglass or similar type material awnings or patio
covers will be permitted in the Neighborhood.
K. Swimming Pools. Only permanent, in-ground pools with professional
construction will be permitted. All backyard pools should be oriented to
minimize the potential effect on neighboring properties. All fencing shall
conform to municipal or state regulations and shall be of harmonious design.
L. Basketball Courts, Tennis Courts, etc. Basketball courts, tennis courts, and
other similar recreational facilities will be permitted, provided that all views of
adjacent properties in the Neighborhood are screened by pines of at least six
(6) feet in height. All lighting must be of a baffled variety so as to minimize
the effect on other properties in the Neighborhood.
M. Play Equipment. Children's play equipment such as sandboxes, temporary
swimming pools having a depth less than 24 inches, swing and slide sets,
playhouses and tents shall not require approval by the Board, provided such
equipment is not more than six (6) feet high and maintained by the lot owner
in good repair (including painting). Equipment higher than six (6) feet shall
require prior written approval of the Board regarding the design, location,
color, material and use.
N. Exterior Construction. The finished exterior of every building constructed or
placed on any lot in the Neighborhood shall be of material other than tar
paper, rollbrick siding or any other similar material. No aluminum frame or
metal frame windows shall be allowed unless approved in writing by the
Board. No aluminum or vinyl siding shall be allowed. No house shall have
metal prefabricated chimney flues other than gas flues. Exterior chimney
chases shall be of masonry construction. The exterior of every dwelling unit
shall contain a minimum of fifty percent (50%) of brick.
O. Garages Required. All residential dwellings in the Neighborhood shall include
at least a two car enclosed garage. Detached garages are not permitted.
P Dusk-To-Dawn Lighting. Each Lot shall maintain at least one (1) continuous
dusk-to-dawn lights to be controlled by a photocell. Owners shall maintain
their dusk-to-dawn lights in proper working order at all times.
Q. Heating Plants. Every house in the Neighborhood must contain a heating
plant, installed in compliance with the required codes, and capable of
providing adequate heat for year-round habitation of the house.
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R. Diligent in Construction. Every addition or improvement to a home, or re-
construction, whose construction or placement on any residential lot in the
Neighborhood is begun, shall be completed within nine (9) months after the
beginning of such construction or placement, unless circumstances arise
which cause the construction to go beyond such time constraints, will have to
be approved by the Board. 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 from the time of such destruction or damage.
S. Prohibition of Used Structures. All structures, additions or improvements
constructed or placed on any numbered lot in the Neighborhood shall be
constructed with substantially all new materials and no used structures shall
be relocated or placed on any such lot.
T. Maintenance of Lots and Improvements. The Owner of any lot in the
Neighborhood 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:
a. Mow the lot at such times as may be reasonably required in order to
prevent the unsightly growth of vegetation and noxious, invasive, or
illegal weeds.
b. Remove all debris or rubbish.
c. Prevent the existence of any other condition that reasonably tends to
detract from or diminish the aesthetic appearance of the
Neighborhood.
d. Prune and trim trees and shrubbery and cut down and remove dead
trees.
U. Association's Right to Perform Certain Maintenance. In the event that the
owner of any Lot in the Neighborhood shall fail to maintain his/her lot and any
improvements situated thereon in accordance with the provisions of these
Restrictions, the Board 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 cost therefore to the
Association shall be paid in full within sixty (60) days of the performance of
the maintenance work or it shall be added to and become part of the annual
assessment to which said lot is subject and may be collected in the same
manner as assessments, Neither the Association nor any of its agents,
employees, or contractors shall be liable for any damage which may result
from any maintenance work performed hereunder.
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V. Yards, Trees, Tree Preservation.
a. The front yard of each Lot within the Neighborhood shall continually
contain a minimum of two (2) trees, with a minimum height of eight (8)
feet with a 2.5 inch caliper.
b. In areas of the Neighborhood where trees exist on a Lot, every effort
must be made to save as many trees as possible.
W. Owner's Responsibility for Tree and Shrub Maintenance. The City of Carmel
shall require all owners to respect the following with regard to the
maintenance of trees and shrubs:
a. The owner of the dominant real estate adjacent to the area between
the street and the sidewalk and/or right-of-way easement line on which
any tree or shrub is planted shall be responsible for the maintenance
and removal of the tree or shrub if such removal is necessary.
b. If, after notice from the City, the said owner fails to maintain or remove
a dead tree or shrub or any dead or dangerous limbs or branches
thereon, the City may remove said shrub or limbs and collect the costs
thereof from the owner.
c. The City of Carmel and all public utilities retain their ownership and
right to access to the area between the street and the right-of-way
easement line of the dominant owner and retains the right to
reasonably remove any tree or shrub impeding the necessary work to
be performed by the City of Carmel and/or all public utilities, or other
properly authorized users.
d. Neither the City of Carmel nor any public utility or other properly
authorized user of the City's property located between the street and
the sidewalk and/or right-of-way easement line shall be liable to the
owner of the dominant real estate for any damages done to trees or
shrubs located upon City property between the street and the sidewalk
and/or right-of-way easement line as a result of actions of the City of
Carmel or any public utility or other authorized user or their agents or
employees in the performance of their duties.
e. No fence, wall, hedge, tree or shrub planting which obstructs sight
lines and elevations between three (3) and twelve (12) feet above the
street shall be placed or permitted to remain on any corner lot within
the triangular area formed by the street right-of-way lines and a line
connecting points forty (40) 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.
f. The same sight line limitations shall apply to any Lot within ten (10)
feet of the intersection of a street right-of-way line with the edge for the
driveway pavement or alley line.
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4. PROVISIONS RESPECTING DISPOSAL OF WASTE.
A. Outside Toilets. No outside toilets shall be permitted on any Lot in the
Neighborhood_
B. Construction of Sewage Lines. All sanitary sewage lines on the residential
building lots shall be designed and constructed in accordance with the
provisions and requirements of the City of Carmel and Clay Regional
Waste District. No storm water (subsurface or surface) shall be
discharged into sanitary sewers.
C. Garbage and Other Refuse. No Owner of a lot in the Neighborhood shall
burn or permit the burning out-of-doors of garbage or other refuse, or shall
any such Owner accumulate or permit the accumulation out-of-doors of
such refuse on his lot. All houses build in the Neighborhood shall be
equipped with a garbage disposal unit.
D. Trash Cans. All trash, rubbish, garbage or other waste shall be kept in
enclosed sanitary containers, including trash bags. An owner may sit his
trash cans on the curb beginning at 5:00 p.m. the day before trash
collection is scheduled. The trash cans must be removed from the curb
and placed out of sight no later than 11:00 p.m. the same day as trash
collection occurs. At all other times, all trash containers and equipment
used for the storage or disposal of trash, rubbish, garbage or other waste
shall be kept clean and shall be stored in an enclosed garage or in a place
that is not visible from any street within the Neighborhood. To clarify,
owners or residents cannot store any trash container, bag, or other type of
waste container in any area of a lot, including, but not limited to, beside
the garage, the driveway, the front porch, or any other area where the
container, bag or waste container is visible from the street.
5. GENERAL PROHIBITIONS.
A. Nuisances. No noxious or offensive activities shall be permitted on any
Lot in the Neighborhood, nor shall anything be done on any of said lots
which may be or may become an annoyance or nuisance to the
Neighborhood. Barking dogs shall constitute a nuisance.
B. Exterior Antenna. In accordance with the Federal Telecommunications
Act of 1996, and the Federal Communications Commission rules
governing Over-the-Air Reception Devices (OTARD), owners may only
install satellite dishes that are one meter or less in diameter. One meter is
equal to 39.37 inches, and "diameter' is the distance measured across the
widest part of the dish. Only one dish may be installed upon each Lot,
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unless additional dishes are required to receive additional or unique
transmissions that cannot be received by a previously installed dish. The
Association reserves the right to require written verification for the
installation of additional dishes upon any Lot.
The OTARD Rule allows Associations to designate a preferential
order of placement for dishes in their community. To that end, the
Association desires that satellites dishes be permanently mounted in a
location on the Lot that is the least visible from the street directly in front of
the Lot, but which will not result in a substantial degradation of reception.
This specific order of location priority shall be:
1) in the rear of the Lot;
2) on the side of the Lot; and
3) the front of the home.
After a dish is installed, if the Association determines that the
device could have been installed in another location on the Lot less visible
from the street directly in front of the home, or that the Owner did not
comply or follow the preferred placement order when installing the satellite
dish, then the Association may require the Owner to move the dish to
another location less visible from the street, or to seek the removal of the
dish from its location, so long as the relocation of the dish does not
substantially impact or degrade the reception of the device. For example,
if an Owner locates a dish on the front of his home, and it is determined
that the dish could have been installed in a location on the rear or side of
the home that would have still allowed adequate reception, then the
Association may require the Owner to move the dish, at the Owner's
expense, to a less visible location.
In addition, the Association may require landscaping, fencing or
other screening around the dish to hide it from direct view of the street, or
to cover or paint the dish to make it more acceptable in appearance to its
surroundings, so long as none of these changes or screenings hinders the
reception of the device.
Other antennae, aerials or devices, towers or radio antennae that
are not covered by the OTARD rule, such as dishes larger than one (1)
meter in diameter and ham or amateur radio antennas, must be approved
in writing by the Board before being installed and must be located in the
rear yard or roof of the home.
The Association reserves the right to adopt rules or make changes
to the requirements of this provision as allowed by or required by any
future changes or amendments to the Federal Telecommunications Act of
1996.
C. Signs. An Owner must get prior written approval from the Board before
displaying a sign in Bramblewood. However, the following signs are OK
and do not need written approval from the Board so long as the Owner
follows these requirements:
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a. For Sale Signs. One (1) sign no larger than a typical "for sale" sign
size is allowed on a lot at any given time to advertise the property
"for sale". No "for sale" signs may be placed in the Common Areas
or entryways;
b. Security Skins. Small (less than 12") security signs, invisible fence
signs, "no soliciting" signs, or "beware of dog" signs may be placed
on a lot or in the windows of homes;
c. Temporary signs (i.e. yard cardsl. One (1) sign, professionally
manufactured, no larger than ten (10) square feet, displayed for the
specific purpose of celebrating a birthday, anniversary, or other
special occasion will be allowed for a maximum of seventy two (72)
hours. These signs may be located on the Owner's lot, but may not
be placed at the subdivision entryways or Common Area;
d. Political Signs. Signs no larger than a typical "for sale" sign size
promoting a political candidate may be displayed on a lot beginning
thirty (30) days prior to the voting date and are to be removed
within five (5) days following the voting date. An owner may only
display signs that support a political candidate that is running for
office in the current election. Signs may be displayed in the front
yard of an Owner's home or in a window of the Owner's home. No
more than one (1) sign per candidate may be displayed at the same
time on the owner's lot. Political signs may not be placed at the
entryways or in any Common Area of the subdivision
e. School Activity Signs. One (1) sign no larger than a typical "for
sale" sign size professionally produced, supporting a child or
resident of the property in a school activity (i.e. cheerleader, football
player, band member, etc. lives here). The sign must be located
within ten (10) feet of the front door or entry area of the residence.
The Board has the right to grant a variance of this limitation if the
owner has more than one student in school at the same time.
f. Contractor Skins. Contractor signs may be posted in front yards
one (1) week before the work starts, during construction, and one
(1) week after construction is completed.
The Board has the right to enter onto any lot to remove any sign that
violates state or local law, the Declaration, a properly adopted rule, or a
sign that was previously approved by the Board but permission has now
been withdrawn or has expired. This rule does not include signs placed
on the Common Areas by the Association.
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D. Animals. No animals, livestock or poultry of any kind may be raised, bred
or kept on any Lot, except that dogs, cats or other customary household
pets may be kept; provided they are not kept, bred or maintained for any
commercial purpose and do not create a nuisance or annoyance to other
Owners or residents in Bramblewood due to foul odor or unreasonable
noise. Dogs must be leashed at all times and not allowed to roam free in
the Neighborhood. All pet Owners are expected to clean up after their
dogs if walked through the Neighborhood. No Owner or resident may feed
or do any other action that will encourage wild animals or waterfowl,
including geese, ducks, coyotes and free-roaming or feral cats, from
using, landing or feeding in Bramblewood, including on the lots, ponds and
the common areas.
E. Vehicle Parking. No trucks larger than a 1-ton capacity (i.e. a Ford F-
350); semi-trucks; or commercial vehicles with boxes, ladders, racks, lifts,
or displaying company logos, addresses telephone numbers, etc. may be
parked on any street or lot in the Neighborhood, unless within an enclosed
garage. No campers; trailers; boats or watercraft; recreational vehicles
(RV's); or similar vehicles shall be parked on any street or lot in the
Neighborhood, unless within an enclosed garage.
F. Winter Parking. In the event a snowstorm accumulates three (3) inches or
more snow, no vehicles of any kind shall be parked on any street in the
Neighborhood. This is to facilitate snow removal and prevent possible
damage to vehicles.
G. Fuel Storage Tanks, Every tank for the storage of fuel that is installed
outside any building in the Neighborhood shall be buried below the
surface of the ground.
H. Temporary Structures. No temporary house, trailer, garage or other
outbuilding shall be placed or erected on any lot.
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 the other
Owners and shall only be operated when outside activities require the use
thereof and not continuously.
J. Home Occupations. No lot or lots shall be used for any purpose other
than as a single-family residence, except that a home occupation, defined
as follows, may be permitted: any use conducted entirely within the
residence dwelling and participated in solely by a member of the
immediate family residing in said residence, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and does
14
not change the character thereof and in connection with which there is: a)
no sign or display that will indicate from the exterior that the building is
being utilized in whole or in part for any purpose other than that of a
dwelling; b) No commodity sold upon the premises; c) no person is
employed other than a member of the immediate family residing on the
premises; and d) no manufacture or assembly operations are conducted.
In no event shall the following or similar activities be conducted for
business purposes upon any lot: a barber shop, styling salon, beauty
parlor, tea room, fortune-telling parlor, tan salon, animal hospital, or any
form of animal care or treatment such as dog trimming, automotive
repairs, small engine or equipment repairs, or any other similar activities.
K. Open Drainage, Ditches and Swales.
a. Drainage swales (ditches) along dedicated roadways and within the
right-of-way, or on dedicated drainage easements, are not to be
altered, dug out, filled in, tiled, or otherwise changed, without the
written permission of the Hamilton County Highway Department or
appropriate jurisdictional agency. Property owners must maintain
these swales as sodden grassways or other non-eroding surfaces.
Water from roofs or parking areas must be contained on the property
long enough so that said drainage swales or ditches will not be
damaged by such water. Driveways may be constructed over these
swales or ditched only when appropriate-sized culverts or other
approved structures have been permitted by the Hamilton County
Highway Department or appropriate jurisdictional agency. 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.
b. Any property owner altering, changing, or damaging these drainage
swales or ditches will be held responsible for such action and will be
given the (10) days' notice, by registered mail, to repair said damage,
after which time, if no action is taken, Hamilton County Highway
Department or appropriate jurisdictional agency, or the Association will
cause said repairs to be accomplished and the bill for such repairs will
be sent to the affected property owners for immediate payment. If the
Association performs the work, and the Owner fails to fully reimburse
the Association for the cost of the work within sixty (60) days of the
performance of the maintenance work, the amount shall be added to
and become part of the annual assessment to which said lot is subject
and may be collected in the same manner as assessments
L. Utility Services. Easements for installation and maintenance of utilities
and drainage facilities are reserved as shown on the recorded plat. No
utility services shall be installed, constructed, repaired, removed, or
replaced under finished streets, except by jacking, drilling or boring.
I
M. Wells and Septic Tanks. No water wells shall be drilled on any of the lots
(other than for heating or cooling purposes) nor shall any septic tanks be
installed on any of the lots in the Neighborhood.
6. ARCHITECTURAL REVIEW
A. Statement of Purpose and Powers. The Board shall regulate the external
design, appearance, use, location and maintenance of lands and
improvements thereon subject to these Restrictions in such a manner as
to preserve and enhance values and to maintain a harmonious
relationship among structures and the natural vegetation topography.
i. Generally. No dwelling, building structure or improvement of any type
or kind shall be constructed or placed on any Lot in the Neighborhood
without the prior written approval of the Board. Such written approval
shall be obtained only after written application has been made to the
Board by the Owner of the Lot requesting authorization from the Board.
Such written application shall be in the manner and form prescribed
from time to time by the Board, and shall be accompanied by a
complete set of plans and specifications for any such proposed
construction or improvement. Such plan shall include plot plans
showing the location of the improvements existing upon the Lot and
the location of the improvement proposed to be constructed or placed
upon the lot, each properly and clearly designated. Such plans and
specifications shall set forth the color and composition of all exterior
materials proposed to be used and any proposed landscaping,
together with any other materials or information which the Board may
require. Building plans and drawings required to be submitted to the
Board may be hand-drawn, but they must be detailed and legible so
that the plans and drawings can be easily read. If a plan or drawing is
submitted that has small, blurred or illegible print so that it cannot be
easily read, the Board will contact you to submit a new plan or diagram
that has been enlarged or re-written so the information contained on
the document can be clearly read.
ii. Power of Disapproval. The Board may refuse to grant permission to
construct, place or make the requested improvement, when:
a. The plans, specifications, drawings or other material submitted
are themselves inadequate or incomplete, or show the proposed
improvement to be in violation of these Restrictions;
b. The design or color scheme of a proposed improvement is not
in harmony with the general surroundings of the lot or with
adjacent buildings or structures;
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c. The proposed improvement or any part thereof, would in the
sole opinion and absolute discretion of the Board to be contrary
to the interests, welfare or rights of all or any part of the Owners.
iii. Power to Grant Variances. The Board may allow reasonable variances
or adjustments of these Restrictions 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
these Restrictions and no variance or adjustment shall be granted
which the Board believes would be detrimental or injurious to other
Lots in the Neighborhood.
B. Duties of Board. The Board shall approve or disapprove proposed
improvements within thirty (30) days after all required information shall
have been submitted to it, One copy of submitted material shall be
retained by the Board for its permanent files. All notifications to applicants
shall be in writing, and, in the event that such notification is for of
disapproval, it shall specify the reason or reasons. If the Board fails to
approve or disapprove an architectural request within thirty (30) days of it
being submitted, then the request shall be deemed denied.
C. Liability of Board. Neither the Board nor any agent thereof, 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 Board be responsible in any way for any defects in any
plans, specifications or other materials submitted to it, nor for any defects
in any work done according thereto. Further, the Board does not make
any representation or warranty as to the suitability or advisability of the
design, the engineering, the method of construction involved, or the
materials to be used.
D. Exercise of Discretion. The Board intends that the members of the Board
exercise discretion in the performance of their duties consistent with the
provisions hereof, and every Owner by the purchase of a Home shall be
conclusively presumed to have consented to the exercise of discretion by
such members. In any judicial proceeding challenging a determination by
the Board and in any action intended to enforce this Declaration in which
an abuse of discretion by the Board is raised as a defense, abuse of
discretion may be established only if a reasonable person, weighing the
evidence and drawing all inferences in favor of the Board, could only
conclude that such determination constituted an abuse of discretion.
E. Inspection. The Board may at any time inspect work being performed with
its permission to assure compliance with these Restrictions and applicable
regulations, and to make sure the work conforms to the architectural
request submission as approved by the Board.
7. RULES GOVERNING BUILDING ON SEVERAL CONTIGUOUS LOTS HAVING
ONE OWNER. Whenever two or more contiguous lots in the Neighborhood shall
be owned by the same person, and such Owner shall desire to use two or more
of said lot as a site for a single-dwelling house, he shall apply in writing to the
Board for permission to so use said lots. If permission for such a use shall be
granted, the lots constituting the site shall be treated as a single lot regarding any
restrictions set forth herein regarding setbacks and easements which apply to
individual lots; however, each individual lot shall continue to be responsible for
assessments as set forth in this Declaration.
8. OWNERSHIP, USE AND ENJOYMENT OF COMMONS. "Commons" and
"Common Areas" shall mean those areas so designated on the plat and other
common areas designated on future plats of the Neighborhood. Any commons
depicted on the recorded plats of the Neighborhood shall remain private, and no
action by the Board is, or is intended to be, or shall be construed as, a dedication
to the public of the Commons.
A license, subject to rules and regulations adopted by the Board from time to
time, for the use and enjoyment of the Commons is granted to the persons who
are from time to time members of the Association. Ownership of any Commons
shall be conveyed in fee simple title, free from financial encumbrances to the
Association upon their completion.
Such conveyance shall be subject to easements and restriction of record, and
such other conditions as the Board may deem appropriate. Such conveyance
shall be deemed to have been accepted by the Association and those persons
who shall from time to time be members thereof upon the recording of a deed or
deeds conveying such Commons to the Association.
9. BRAMBLEWOOD HOMEOWNERS ASSOCIATION, INC.
A. Membership. Each Owner shall automatically be a Member and shall
enjoy the privileges and be bound by the obligations contained in the
Covenants, Articles and Bylaws. If a Person would realize upon his
security and become an Owner, he shall then be subject to all the
requirements and limitations imposed by this Declaration on other
Owners, including those provisions with respect to the payment of
Assessments.
B. Powers. The Association and Board shall have such powers as are set
forth in this Declaration, the Articles, and Bylaws together with all other
powers that belong to it by law.
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C. Classes of Members. Every person who is an Owner shall be considered
a member of Bramblewood Homeowners Association, Inc.
D. Reserve for Replacements. The Board shall establish and maintain the
Reserve for Replacements by the allocation and payment to such reserve
fund of an amount determined annually by the Board to be sufficient to
meet the cost of periodic maintenance, repairs, renewal and replacement
of the Common Area. In determining the amount, the Board shall take into
consideration the expected useful life of the Common Area, projected
increases in the cost of materials and labor, interest to be earned by such
fund, and the advice of any consultants hired by the Board.
E. Limitations on Actions by the Association. Unless at least two-thirds of the
Members have given their prior written approval, the Association, the
Board of Directors and the Owners may not: (i) by act or omission seek to
abandon, partition, subdivide, encumber, sell or transfer the Common
Area (but the granting of easements for public utilities or other public
purposes consistent with the intended use of the Common Area shall not
be deemed transfer for the purpose of this clause); (ii) fail to maintain fire
and extended coverage on insurable Common Area on a current
replacement cost basis in an amount at least on one hundred percent
(100%) of the insurable value (based on current replacement cost); (iii)
use hazard insurance proceeds for losses to any Common Area for other
than the repair, replacement or reconstruction of the Common Area; (iv)
change the method of determining the obligations, assessments, dues or
other charges that may be levied against the Owner of a Residence; (v) by
act or omission change, waive or abandon any scheme of regulations or
their enforcement pertaining to the architectural design or the exterior
appearance of Residences, or the maintenance and upkeep of the
Common Area; or(vi) fail to maintain the Reserve for Replacements as
provided in this Declaration.
10.ASSESSMENTS.
A. Creation of Lien and Personal Obligation of Assessments. Each Owner of
any lot in the Neighborhood, by acceptance of a deed thereof, whether or
not it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Association: (1) annual assessments or charges; and
(2) special assessments for capital improvements and operating deficits,
such as assessments to be established and collected hereinafter
provided.
All Assessments, together with interest, late fees, administrative fees, and
costs of collection thereof, shall be a charge on the land and shall be a
continuing lien upon the Lot against which each Assessment is made until
paid in full. Each Assessment, together with the interest, late fees,
19
administrative fees, and costs of collection thereof, shall also be the
personal obligation of the Person who was the Owner of the Lot at the
time when the Assessment became due.
B. General Assessment.
a. Commencement. The annual assessment provided for herein shall
commence for each lot on the date of conveyance to the Owner by
deed or on the date the Owner signs a land contract to purchase a lot.
Annual dues for the calendar year shall be pro-rated to year end. The
Board of Directors shall fix the amount of the annual assessment at
least thirty (30) days in advance of the due date. Written notice of
special assessments and such other assessment notices as the Board
of Directors shall deem appropriate shall be sent to every Owner
subject thereto. The due dates for all assessments shall be
established by the Board.
b. Purpose of the Assessments. The annual assessment levied by the
Association shall be used exclusively to promote the recreation, health,
safety, and welfare of the Owners of the Lots and for the improvement,
maintenance and operation of the Common Areas, and to enforce the
provisions of the Declaration, Articles and Bylaws.
c. Basis for Assessment:
i. Each lot shall be assessed at a uniformed rate.
ii. The basis for this assessment may change with the assent of
two-thirds (2/3) of Members who are voting in person or by
proxy at a meeting of such Members called for this purpose.
d. Method of Assessment. By a vote of a majority of the Board, the
Board of Directors shall, on the basis specified in subparagraph (c), fix
the General Assessment for each assessment year of the Association
at an amount sufficient to meet the obligations imposed by this
Declaration upon the Association. The Board of Directors shall
establish the date(s) the General assessment shall become due, and
the manner in which it shall be paid.
C. Special Assessment. In addition to such other assessments as may be
authorized herein, the Association may levy a Special Assessment for the
purpose of 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 or for operating deficits which the
Association may from time to time incur, provided that any such Special
Assessment shall have the assent of a majority of the votes of the
members who are voting in person or by proxy at a meeting duly called for
this purpose.
20
D. Effect of nonpayment of Assessments: remedies of the Association. Any
Assessment not paid within thirty(30) days after the due date shall bear
interest from the due date at ten percent (10%) per annum or the current
statutory maximum annual interest rate, whichever is less. In lieu of
interest, the Association may impose reasonable late fees on all
delinquencies. The Board will determine the amount of the late fee, the
time period before the late fee is imposed, the rate of the late fee (i.e.
annually, monthly, quarterly, etc.) and to make any other provisions for
late fees and/or interest charges on late payments as the Board, in its sole
discretion, deems appropriate. The Board may also adopt specific
collection procedures to be used in collecting assessments and pursing
delinquent accounts.
If the Association incurs administrative fees or expenses as a result of
collecting delinquent amounts, including fees charged to the Association
by the Association's management company as part of a contractual
agreement for the handling of collection matters for the Association, the
Owner must reimburse the Association these fees.
If the Association employs legal counsel to pursue the collection of unpaid
amounts owed to the Association, the Owner must reimburse to the
Association any collection costs or expenses for the sending of collection
letters or other correspondence or communication prior to the filing of legal
action, or for the Association's attorney to take any other action in an
attempt to collect the unpaid amounts.
The Association shall be entitled to institute in any court of competent
jurisdiction any lawful action, including foreclosure of its lien right, to
collect delinquent Assessment plus any interest, late fees, administrative
fees, expense or costs, including attorneys' fees, incurred by the
Association in collecting such Assessment. If the Association has
provided for collection of any Assessment in installations, upon default in
the payment of any one or more installments, the Association may
accelerate payment and declare the entire balance of said Assessment
due and payable in full. No Owner may waive, or otherwise escape
liability for the Assessments provided for herein by non-use of the
Common Area or abandonment of his property.
E. Subordination of the Lien to Mortgages. The lien of the Assessments
provided for herein against a Lot shall be subordinate to the lien of any
recorded first mortgage covering such property and to any valid tax or
special assessment lien on such Lot in favor of any governmental taxing
or assessing authority. Sale or transfer of any property shall not affect the
assessment lien. The sale or transfer of any property pursuant to
mortgage foreclosure or proceeding in lieu thereof shall, however,
extinguish the lien of such Assessments as to payments which became
21
due prior to such sale or transfer. No sale or transfer shall relieve such
property from liability for any Assessments thereafter becoming due or
from the lien thereof.
F Certificates. The Association shall, upon demand by an Owner, at any
time, furnish a certificate in writing signed by an officer of the Association
that the Assessments on a property have been paid or that certain
Assessments remain unpaid, as the case may be.
G. Annual Budget. By majority vote of the 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 and all Supplemental Declarations
will be met.
H. Suspension of Privileges of Membership. Notwithstanding any other
provision contained herein, the Board of Directors of the Association shall
have the right to suspend the voting rights, if any, and the services to be
provided by the Association together with the right to use the facilities of
the Association, of any member (i) for any period during which any of the
Association's charges or any fines assessed under these Restrictions
owed by the member remains unpaid, (ii) during the period of any
continuing violation of the restrictive covenants for the Neighborhood, after
the existence of the violation shall have been declared by the Board of
Directors of the Association; and (iii) during the period of any violation of
the Articles of Incorporation, Bylaws, or rules and regulations of the
Association.
11.REMEDIES.
A. In General. The Association or any party subject to these Restrictions
may proceed at law or in equity to prevent the occurrence, recurrence or
continuation of any violation of these Restrictions or the rules, or to force
compliance with these Restrictions and Covenants, together with the right
to collect damages, costs and reasonable attorney's fees, but neither the
Association or Board shall be liable for damages of any kind to any person
for failing either to abide by, enforce, or carry out any of these
Restrictions.
B. 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 these Restrictions shall be held to be a waiver by
that party (or an estoppel of that Party to assert) of any right available to
him upon the occurrence, reoccurrence or continuation of such violation or
violation of these restrictions.
22
C. Enforcement by City of Carmel Municipal Plan Commission. These
Restrictions may be enforced by the Plan Commission of the City of
Carmel, Indiana, or its successors or assigns, pursuant to it for such
purposes.
12.EFFECT OF BECOMING AN OWNER. The Owners of any property subject to
these Restrictions by acceptance by a deed conveying title hereto, or the
execution of a contract for the purchase thereof, whether from a subsequent
Owner of such property, shall accept such deed and execute such contract
subject to each and every Restriction and agreement herein contained. By
acceptance of such deed or execution of such contract, the Owner acknowledges
the rights and powers of the Board and the Association with respect to these
Restrictions, and also, for themselves, their heirs, personal representatives,
successors and assigns, such Owners covenant and agree to consent to and
with the Association and to and with the Owners and subsequent Owners of each
of the properties affected by these Restrictions to keep, observe, comply with
and perform such Restrictions and agreements.
13.TITLES. The titles preceding the various paragraphs and subparagraphs of the
Restrictions are for convenience of reference only and none of them shall be
used as an aid to the construction of any provision of the Restrictions. 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.
14.DURATION. The foregoing Covenants and Restrictions are to run with the land
and shall be binding on all parties and all persons claiming under them until
January 1, 2050, at which time said Covenants and Restrictions shall be
automatically extended for successive periods of ten (10) years, unless
terminated in whole or in part by a ninety percent (90%) vote of those persons
who are then Owners in the Neighborhood within one (1) year of the end of a
successive period as set forth in this covenant.
15.SEVERABILITY. Every one of the Restrictions is hereby declared to be
independent of and severable from the rest of the Restrictions and of and from
every other one of the Restrictions and of said from every combination of the
Restrictions. Therefore, if any of the Restrictions shall be held to be invalid or to
be unenforceable, or to lack the quality of running with the land, that holding shall
be without effect upon the validity, enforceability, or "running" quality of any other
one of the Restrictions.
16.AMENDMENT.
A. Generally. This Declaration may be amended at any time by an
affirmative vote of two-thirds (2/3) of the Owners cast by ballot vote or at a
meeting duly called for the purpose of amending this Declaration.
23
B. Effective Date. Any amendment shall become effective upon the
recording of an instrument in the Office of the Recorded or Hamilton
County, Indiana, signed by the appropriate officers of the Association.
17.ROADS. All roads shown on the Plat for Bramblewood are dedicated to the
public.
[End of Revised and Restated Declaration of Covenants and Restrictions]
[Remainder of this page left intentionally blank]
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The undersigned, being duly elected officers of the Bramblewood Homeowners Association,
Inc., hereby certifies that this Revised and Restated Declaration of Covenants and Restrictions
for Bramblewood was duly passed by at least two-thirds (2/3)of the lot Owners in
Bramblewood, and that all requirements under Indiana law and the Declaration have been met.
BRAMBLEWOOD HOMEOWNERS ASSOCIATION, INC.
R 6-- - iA} F4- 7 �is---
President - Dat
Printed Name: P O (7 t+"f co. / aX Jr
ATTEST:
yt,.../Le,,,_ r.,,,J..t.: , .� ? 7/9//
Secretary Date
Printed Name: S/1t/I A^e We; +ek•'.1 r
STATE OF INDIANA ) AMANQA K TOSH
Notary Public-Seal
r��t State of Indiana
COUNTY OF iV�dr
My Commission Expires Oct 2,2020
Ober/
rCe otaryx PIr. in and for 3y�fan S el/P. ofpappeared
\J l 1VC1 P.1 'w p the President and Secretary,
respectively, of the Brambiewood Homeowners Association, Inc., who acknowledged execution of the
foregoing Revised and Restated Covenants and Restrictions for Bramblewood and who, having been
duly sworn, stated that the representations contained herein are true. ,---
Witness my hand and Notarial Seal of thisVII, day of IA-4 ,2014.
- * --H-Z144; t
Not of Public—Si nature Countyof Residence
9
Artieuida. k. 7 i1 - is • 2 . 2-0
Printed Date Commission Expires
I hereby affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. —Scott A. Tanner
This document was prepared by and should be returned to:
Scott A.Tanner,TANNER LAW GROUP,6125 S. East St. (U.S. 31), Indianapolis, IN 46227
25
EXHIBIT A
BRAMBLEWOOD
A part of the Southwest Quarter of Section 9, Township 17 North, Range 3 East in
Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Southwest corner of said Southwest Quarter; then North 89
degrees 24 minutes 55 seconds East (assuming bearing) on the South line of said
Quarter Section 653.46 feet to the POINT OF BEGINNING of this description; thence
North 00 degrees 20 minutes 22 seconds East 1331.78 feet; thence North 89 degrees
30 minutes 46 seconds East 676.80 feet to a point on the East line of said Quarter
Section, said point also being on the West line of Summerlakes recorded in Plat Book
12, pages 155, 156 and 157 in the Office of the Recorder of Hamilton County, Indiana;
thence South 00 degrees 12 minutes 24 seconds West on said East line of said Quarter
Section and said West line of Summerlakes 1330.58 feet to the Southeast corner of
said Southwest Quarter; thence South 89 degrees 24 minutes 55 seconds West on the
South line of said Quarter Section 348.29 feet; thence North 00 degrees 09 minutes 55
seconds West 309.10 feet; thence South 89 degrees 24 minutes 55 seconds West
140.93 feet; thence South 00 degrees 09 minutes 55 seconds East 309.10 feet to a
point on the South line of said Quarter Section; thence South 89 degrees 24 minutes 55
seconds West on said South line 190.68 feet to the place of beginning, containing
19.728 acres more or less, subject to all legal highways, rights-of-way, easements and
restrictions of record.
26