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DECLARATION OR COVENANTS AND RESTRICTIONS
550960t01
OF F&WILTONrCOUNTY,, INDIANA
{KARY L CLARK
aECL1__2 1996 At W:5B pr,
.00
THE RESERVE AT SPMNGVMU L g Mon It
THIS DECLARATION, made as of the day of January, 1996, by The Reserve
at Spring Mill, L.P. ("Declarant"};
WITNESSETH:
WHEREAS, the following facts are true:
A. Declarant is the legal or equitable owner of the real estate located in Hamilton
County, Indiana, described in Exhibit A, upon which Declarant intends, but is not obligated, to
develop a residential subdivision to be known as The Reserve at Spring Mill .. Section 11
(hereafter 'The Reserve').
B. Declarant has or will construct certain improvements and amenities which shall
constitute Community Area-
C. Declarant desires to provide for the preservation and enhancement of the property
values, amenities and opportunities in The Reserve and for the maintenance of the Tract and the
improvements thereon, and to this end desire to subject the Tract to the covenants, restrictions,
easements, charges and liens hereinafter set forth, each of which is for the benefit of the Lots and
lands in the Tract and the future owner thereof.
D. Declarant deems it desirable, for the efficient preservation of the values and amenities
in The Reserve, to create an agency to which may be delegated and assigned the powers of
owning, maintaining and administering the Community Area, administering and enforcing the
Restrictions, collecting and disbursing the Assessments and charges hereinafter created,
promoting the recreation, health, safety and welfare of the Owners of Lots in The Reserve, and
performing the duties and obligations required under this Declaration.
E. Declarant shall incorporate under the laws of the State of Indiana nonprofit
corporation known as The Reserve at Spring W1 Homeowners Association - Section A -Inc.,
for the purpose of exercising such functions.
NOW, TAERMORE, Declarant hereby declares that all of the Lots and lands in the
Tract as they are held and shall be held, conveyed, hypothecated or encumbered, ]eased, rented,
used, occupied and improved, are subject to the following Restrictions, all of which are declared
to be in furdsetance of a plan for the improvement and sale of Lots in the Tract, and are
established and agreed upon for the purpose of enhancing and protecting the value, desirability
and attractiveness of the Tract as a whole and of each of Residences, Lots and lands situated
therein. The Restrictions shall tun with the land and shall be binding upon Declarant, its
successors and assigns, and upon the parties having or acquiring any interest in the Tmet or any
part or parts thereof subject to such Restrictions, and shall inure to the benefit of Declarant and
its successors in title to the Tract or any part or pacts thereof.
1. D roans: The following terms, as used in this Declaration, unless the context
clearly requires otherwise, shall mean the following:
"Architectural Review Board" means that entity established pursuant to this Declaration
for the purposes therein stated.
"AnWes" means the Articles of Incorporation of the Corporation, as amended from time
to time.
"Assessments" means all sums lawfully assessed against the Members of the Corporation
or as declared by this Declaration, any Suppletnental Declaration, the Articles or the By -
Laws.
"Board of Direelors" rneans the governing body of the Corporation elected by the
Members in accordance with the By -Laws.
"By -Laws" means the Code of By -Laws of the Corporation, as amended from time to
time,
"The Reserve at Spring Mill - Sedien Ir' means the name by which the Tract shall be
known.
"Community Area" means (i) the Drainage System, (i) the area designated on the Plat
as Common Area, (iii) the entry ways, (iv) any utility service lines or facilities not
maintained by a public utility company or governmental agency that are located on, over
or below or through more than ono Section, (v) any areas of land (1) shown on any Plat,
(2) described in any recorded instrurnent prepared by Declarant or its agents, or (3)
conveyed to or acquired by the Corporation, together with all improvements thereto, that
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are intended to be devoted to the use or enjoyment of some, but not necessarily all, of the.
Owners of Lots; and (iv) street lights and street signs, if any, instaHod by Declarant.
"Corporadon" means The Reserve at Spring Mill - Section II Homeowners Association,
Inc., an Indiana non-profit corporation, its successors and assigns.
"Declarant" means The Reserve at Spring Mill, L.P., its successors and assigns to its
interest in the Tract other than Owners purchasing Lots or Residences by deed from
Declarant (unless the conveyance indicated an intent that the grantee assume the sights
and obligations of Declarant).
"Development Area" means the land described in Exhibit A (sometimes referred to herein
as Tract).
"Drainage Berard' means the Hamilton County Drainage Board, its successors or assigns.
"Drainage System" means the open drainage ditches and swales, the subsurface drainage
tiles, pipes and structum, the dry and wet retention and/or detention ponds, and the other
structures, fmcttres, properties, equipment and facilities located in the Tract and designed
for the purpose of controlling, retaining or expediting the drainage of surface and
subsurface waters from, over and across the Tract, including but not limited to those
shown or referred to on a Plat; all or part of which may be established as legal drains
subject to the jurisdiction of the Drainage Board.
"Entry Ways" means the structures constructed as an entrance to The Reserve or a part
thereof (exclusive of the street pavement, curbs and drainage structures and tiles) and the
traffie islands depicted on the Plats.
"Faatilies" means the Common Area and all improvements, thereto (including
landscaping) and all property owned by the Corporation,
"General Plan of Development" means that plan prepared by Declarant and approved, if
necessary, by appropriate public agencies that outlines the total scheme of development
and general uses of land in the Development Area, as such may be amended from time
to time.
"20' Green Bell Buffer" (sometimes referred to herein as Landscape Easement) meatus
a portion of a Lot or Common Arcs denoted on a plat as an awes to be landscaped and
maintained by the Corporation.
"Lot' means a platted lot as shown on a Plat.
"Lot Development Plan" means E7 a site plan prepared by a licensed engineer or
architect, (ii) foundation plan and proposed finished door elevations, (M) budding plans,
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including elevation and floor plans, {iv) material plans and specifications, (v) landscaping
plan, and (vi) all other data or information that the Architectural Review Board may
request with respect to the improvement or alteration of a Lot (including but not limited
to the landscaping thereof) or the construction or alteration of a Residence or other
structure or improvement thereon.
"Maintenance Casts" means all of the costs necessary to keep the facilities to which the
term applies operational and in good condition, including but not limited to the cost of
all upkeep, maintenance, repair, replacement of all or any part of any such facility,
payment of all insurance with respect thereto, all taxes imposed on the facility and on the
underlying land, leasehold, easement or right-of-way, and any other expense related to the
continuous maintenance, operation or improvement of the facility, and all expenses rotated
to the performance of the duties of the Association under this Declarritlon.
"Atem6er" means a Class A or Class B member of the Corporation and "Members" means
Class A and Class B members of the Corporation -
"Mortgagee" means the holder of a first mortgage on a Residence.
"Non Access Easement' means the area designated on a Plat over which vehicular ingress
and ogress is prohibited.
"owner' means a Person, including Declarant, who at the time has or is acquiring any
interest in a Lot except a person who has or is acquiring such an interest merely as
security for the performance of an obligation_
"Part of the Development Area" means any part of the Development Area not included
in the 'tract.
"Person" means an individual, firs, corporation, partnership, association, trust or other
legal entity, or any combination thereof.
"Plat' means a final secondary plat of a portion of the Development Area recorded in the
Office of the Recorder of Hamilton County, Indiana.
"Priwrle ,Street" means the street designated on a Plat as "Sanner Court."
"Register of Reguaadons" means the document containing rules, regulations, policies, and
procedures adopted by the Board of Directors or the Architectural Review Board, as the
same may from time to time be amended.
"Reserve for Replacements" means a fund established and maintained by the Corporation
to meet the cost of periodic maintenance, repairs, renewal and replacement of the
Community Area.
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"Resfdence" means any structure intended exclusively for occupancy by a single family
together with all appurtenances thereto, including private garage and outbuildings and
recreational facilities usual and incidental to the use of a single family residential lot.
"Restri duns" means the covenants, conditions, easements, charges, liens, restrictions,
rules and regulations and all other provisions set forth in this Declaration, all applicable
Supplemental Declarations and the Register of Regulations, as the same may, from time
to time be amended.
"Section" weans that portion of the Development Area that is depicted on a Plat.
"Supplemental Declaration" means any Plat or supplementary declaration of covenants,
conditions or restrictions that may be recorded and which extends the provisions of this
Declaration to a Section and contains such complementary or supplementary provisions
for such Section as are required or permitted by this Declaration.
"The Pfttmans" means John Pittman and Euna Pittman, or each of their children and the
respective spouses of their children.
"Tract" means the real estate described in Exhibit A.
"Zoning Authority" with respect to any action means the Director of the Department of
Community Development of the City of Carmel or, where he lacks the capacity to take
action, or fails to take such action, the governmental body or bodies, administrative or
judicial, in which authority is vested under applicable law to hear appeals from, or review
the action, or the failure to act, of the Director.
2. Declaration. Declarant hereby expressly declares that the Tract shall be subject to
these Restrictions. The Owner of any Lot subject to these Restrictions, by (i) acceptance of a
deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from
Declarant or a subsequent Owner of such Lot, or (it7 by the act of occupancy of any Ut, shall
accept such deed and execute such contract subject to each Restriction and agreement herein
contained. By acceptance of such deed or execution of such contract, each Owner acknowledges
the rights and powers of Declarant and of the Corporation with respect to these Restrictions to
keep, observe, comply with and perform such Restrictions and agreement.
3. Drain n Fe System, The Drainage System has or will be constructed for the purpose
of controlling drainage within and adjacent to the Development Area. Declarant shall maintain
the Drainage System in good condition satisfactory for the purpose for which it was constructed
until the earlier of March 31, 1996, or the date the Drainage System is accepted as a legal drain
by the Drainage Board. After the earlier of such dates, the Corporation shall maintain the
Drainage System to the extent not maintained by the Drainage Board and the Maintenance Costs
thereof shall be assessed against all Lots subject to assessment serviced by that part of the
Drainage System with respect to which Maintenance Costs are incurred. Each Owner shall be
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individually liable for the cost of maintenance of any drainage system located entirely upon his
Lot which is devoted exclusively to drainage of his Lot and is not maintained by the Drainage
Board
d. Maintenance of Entry _Ways and LaagMe Basements. The Corporation shall
maintain the Entry Ways, the lAndscape Easements, and the Community Area, and all
improvent,ents and plantings thereon, and the Maintenance Costs thereof shall be assessed as a
General Assessment against all Lots subject to assessment. Grass, trees, shrubs and other
plantings located on an Entry Way, a Landscape Easement or within the Comity Area shall
be kept nearly out, cultivated or trimmed as reasonably required to maintain an attractive entrance
to The Reserve or a part thereof or a planting area within The Reserve. All entrance signs
located on an Entry Way shall be maintained at all times in good and sightly condition
appropriate to a first-class residental subdivision. The Declarant and the Corporation shall at
the written request of the Hamilton County Engineer ("Enginaer'), remove any landscaping or
signage deemed by the Engineer to encroach on or impede sight distance for public safety
reasons.
5. Conseructfan of Residences.
(a) Lund Use. Lots may be used only far residential purposes and only one
Residence may be constructed thereon. No portion of any Lot may be sold or subdivided
such that there will be a greater number of Residences in The Reserve than the number
of original Lots depicted on the Plats. Notwithstanding any provision In the applicable
zoning ordinance to the contrary, no Lot may be used for any "Special Use" that is not
clearly incidental and necessary to single family dwellings. No home occupation shall
be conducted or maintained on any Lot other than one which does not constitute a
"Special Ilse" and is incidental to a business, profession or occupation of the Owner or
occupant of such Lot and which is generally or regularly conducted at another location
which is away from such Lot. No signs of any nature, find or description shall be
erected, placed, or permitted to remain on any lot advertising a permitted home
occupation.
(b) Size of Residence. Except as otherwise provided herein, no residence may be
constructed on any lot unless such Residence, exclusive of open porches, attached garages
and basements, shall have it total floor area shall not be less than 2,44D square feet.
(c) Temporary Structures. No trailer, shack, tent, board, basement, garage or other
outbuilding may be located on the Tract.
(d) Building Locallon. No building may be crested between the building line
shown on a Plat and the front Lot line.
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(a) Drhmem" All driveways shall be constructed of concrete or such other
material as shall be approved by the Archiftha-al Review Board, and shall be maintained
face of debris.
(f) Yard Lights. If street lights are not installed in The Reserve, then each Owner
or his builder shall install and maintain a light in operable condition on his Lot at a
kmmdon, having a height and of a type, style and manufacturer approved by the
Architectural Review Hoard prior to the installation thereof: Each such light foam shall
also have a bulb of a maximum wattage approved by the Arolaectural Review Board to
insure uniform illumination on each Lot and shall be equipped with a photo elect io cell
or similar device to insure automatic illumination from dusk to dawn each day.
(g) Storage Tmib No gas or oil storage tanks shall be located on the Traet.
(b) Colrsf item and Landscaping. All construction upon, landscaping of and
other improvements to a Lot shall be completed strictly in accordance with the Lot
Development Plan approved by the Architeclsrral Review Board. All landscaping
gpedfied on the landscaping plan approved by the Architectural Review Board shall be
installed on the Lot strictly in accordance wbh such approved plan within fi tyy (30) days
following substantial completion of the Residence untess the Board agrees to a later
landscaping completion date. Unless a delay is caused by strikes, war, court injwetion
or acts of God, the Owner of any Lot which on the date of purchase from Declarant is
not improved with a Residence shall continence construction of a Residence upon the Lot
within 18o days from the date the Owner acquired title thereto and shall complete
construction of such Residence within two hundred seventy (270) days after the data of
emrumenc ement of the building process. Up= the ibilure of the foregoing to ocxur,
Declarant may:
(i) re-entar the lot and divest the Owner of title hereto by tendering to the
Owner or to the Cleric of the Circuit Court of Hamilton County the lesser' of (i3
the same net dollar amount as was received by Declarant firm arch Owner as
consideration for the conveyance of the Lot, the Owner may prove to have been
incurred in connection with the commencement of construction of a Residence as
the Lot or (ii) the then fair rmadmt value of the L#, as determined by averaging
two (2) appraisals made by qualified appraisers appointed by the Judge of the
Hamilton County Circuit or Superior Court
(ii) obtain irdunctive relief to fb= the Owner to proceed with construction
of any Residence. a Lot Development Plan for which has bees approved by the
Architrch" Review Board upon application by such Owner; or
(iii) pursue other temedies at law or in equity as may be available to
Declarant
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The failure of the Owner of a Lot to apply for approval of, or receive approval
fan, the Architecture! Review Board of a Lot Development Plan shall not relieve such
Owner from his obligation to commence and complete construction of a Residence upon
the lot within the time periods specified herein. For the purposes of this subparagraph
(h), construction of a Residence will be deemed "completed" when the exterior of the
Residence (including but not limited to the foundation, walls, roof, windows, entry doors,
gutters, downspouts, exterior trim, paved driveway and landscaping) has been completed
in conformity with the Lot Development Plan.
(i) Matlbaxes. All mailboxes installed upon Lots shall be uniform and shall be of
a type, color and manut$eturer approved by the Architectural Review Board, Such
mailboxes shall be installed upon posts approved as to type, size and location by the
Architectural Review Board. No attachments of any kind shall be permitted to the
mailbox or post,
0) Sepllc Systems. No septic tank, absorption field or any other on -site sewage
disposal system (other than a lateral main connected to a sanitary sewerage collection
system operated by the Clay Township Regional Waste District or a successor public
agency or public utility) shall be installed or maintained on any Lot
(k) Water S) stems. No private or semi -private water supply system may be
located upon any lot which is not in compliance with regulations or procedures adopted
or established by the Indiana State Board of Health, or other civil authority having
jurisdiction. To the extent that domestic water service is available iiam a water line
located within 200 feet of the lot line maintained by a public or private utility company,
each owner shall connect to such water line to provide water for domestic use on the Lot
and shall pay all connection, availability or other charges lawfully established with respect
to connections thereto.
p) Dratnage. in the event storm water drainage from any Lot or Lots flows across
another Lot, provision shall be made by the Owner of such Lot to permit such drainage
to continue, without restriction or reduction, across the downstream Lot and into the
natural drainage channel or course, although no specific drainage easement for such flow
of water is provided on the Plat. To the extent not maintained by the Drainage Board,
the "Drainage Eaaemetts" reserved as drainage swales shall be maintained by the Owner
of the Lot upon which such easements are located such that water from any adjacent Lot
shall have adequate drainage along such Swale. Lots within The Reserve may be included
in a legal drain established by the Drainage Board In such event, each Lot in The
Reserve will be subject to assessment by the Drainage Board for the cost of maintenance
of the portion of the Drainage System and/or the Lakes included in such legal drain,
which assessment will be a liar against the Lot. The elevation of a Lot shall not be
changed so as to affect materially the surface elevation or grade of surrounding Lots.
Perimeter foundation drains, sump pump drains and downspouts shall not be outletted into
streets or street rights -of -way. These drains shall be connected wherever feasible into a
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subsurface drainage tile. Each Owner shall maintain the subsurface drains and tiles
located on his Lot and shall be liable for the cost of all repairs thereto or replacements
thereof.
7. Mainntenan ae of Lots.
(a) Vehicle Parking. Nn camper, motor home, truck, trailer, boat, motorcycle, but,
commercial vehicle of any kind, or disabled vehicle may be parked or stored overnight
or longer on any Lot.
(b) Signs. Except for such signs as Declarant may in its absolute discretion
display in connection with the development of The Reserve and the We of Lots therein
and such signs as my be located on the Community Area, no sign of any kind shall be
displayed to the public view on any Lot except that one sign of not more than four (4)
square feet may be displayed at any time for the purpose of advertising the property for
sale or may be displayed by a builder to advertise the property during construction and
sale.
(c) Fencing. No fence, wall, hedge or shrub planting higher than eighteen (18)
incites shall be permitted between the front property line and the front building set -back
line except where such planting is located on a Landscape Easement or is part of
Residence landscaping and the prime root thereof is within four (4) feet of the Residence.
Trees shall not be deemed "shrubs" unless planted in such a manner as to constitute a
"hedge". No chain link fence shall be erected upon a Lot. No fence shall be erected or
maintained on or within any Landscape. Easement except such as may be installed by
Declarant and subsequently replaced by the Corporation in such manner as to preserve
the uniformity or such fence. In no event may any fence be erected or maintained on any
Lot without the prior approval of the Architectural Review Board, which may establish
design standards for fences and further restrictions without respect to fearing, including
limitations on (or prohibition of) the installation of fences in the rear yard of a Lot and
along the bank of any Lake. All fences shall be kept in good repair. No fence, wall,
hedge or shrub planting which obstructs sight lines at elevations between two (2) and six
(6) feet above the street shall be placed or permitted to retrain on any comer lot within
the triangular area formed by the street property lines and a fine connecting points 25 fact
from the intersection of said street lines, or in the case of a street line with the edge of
a driveway pavement or alley line. No tree shall be permitted to remain within such
distances of such intersections unless the foliage line is maintained at sufficient height to
prevent obstructions of such sight lines.
(d) Nuisances. No noxious or offensive activity shall be carried on upon any Lot
nor shall anything be done thereon which may be, or may become, an annoyance or
nuisance to the neighborhood. Barking dogs shall constitute a nuisance.
(e) Garbage and Refuse Disposal. No Lot shall be used or maintained as a
dumping ground for trash. Rubbish, garbage or other waste shall be kept in sanitary
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containers approved by the Architectural Review Board and out of public sight, except
for the evening prior to and the day of garbage pickup. All equipment for storage or
disposal of such materials shall be kept clean and sanitary.
Q) Livestock and Poultry. No animal, livestock or poultry of any kind shall be
raised, bred or kept on any Lot, except that dogs, cabs or other household pets may be
kept provided that they are not kept, bred or maintained for commercial purpose. The
owners of such permitted pets shall confine them to their respective Lots such that they
v dfl not be a nuisance. Owners of dogs shall so control or confine them so as to avoid
barking which will annoy or disturb adjoining Owners.
(g) outside Bunting. No trash, leaves, or other materials shall be burned upon a
Lot.
(h) Antennas and Receivers. No satellite receiver, down -link, or exterior antenna
shall be permitted on any Lot without the prior written consent of the ArchitecWW
Review Board. The Architectural Review Board shall not be obligated to give its consent
to the installation of any oxwrior television antenna if television reception is available
krona underground cable connections serving the Lot or to the installation of any other
exterior antenna if all Owaera of Lots within 200 feet of the Lot upon which the proposed
antenna would be erected do not consent in writing to the installation thereof.
(i) Exterior Lights. No exterior lights shall be erected or maintained between the
building line and rear lot line so as to shine or reflect directly upon another Lot.
6) Electric Bug Killers. Electric bug killers, "zappers" and other similar devices
shall not be installed at a location or locations which will result in the operation thereof
becoming a nuisance or annoyance to other Owners and shall only be operated when
outside activities require the use thereof and not continuously.
(k) Outdoor Equipment. No awnings shall be placed on any Residence, and no
flagpoles, statutes, yard ornaments, playground equipment or basketball goals shall be
plaoed or maintained on any Lot,
(1) Garage Doors. All garage doors shall remain fully lowered and closed except
when in use for ingress and egress to the garage.
(en) Periodic Watering of Lawns. Each lot owner shall water the lawn area of the
lot on a regular basis sufficient to maintain a lush green yard. If an Owner fails to
comply with this restriction, the Architectural Review Board shall have the right to water
the lawn at the expense of the Owner thereof and the Architectural Review Board shall
have a lien against the watered Lot for the expense thereof.
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(n) Maintenance of Lots Owned by Declarant. Declarant shall have the
responsibility to maintain all lots owned by Declarant.
S. The Reseme at &F*r Mill - Homeowners Amcladen, Inc.
(a) Membership. Each Owner shall automatically be a member and shall egjoy
the privileges and be bound by the obligations contained in the Articles and By -haws.
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 Corporation shall have such powers as are set forth in this
Declaration and in the Articles, together with all other powers that belong to it by law.
(c) Classes of Members. The Corporation shall have two (2) classes of members
as follows:
Class A. Every Person who is an Owner shall be a Class A member.
Class B. Declarant shall be a Class B member. No other person, except
a successor to substantially all of the interest of Declarant in the Development
,Area, shall hold a Class B membership in the Corporation. The Class B
membership shall terminate upon the resignation of the Class B member, when all
of the Lots in the Development Area (as depicted on the General Plan of
Development) have been sold, or on December 31, 2010, whichever first occurs.
(d) Voting and Other Rights of Members. The voting and other rights of members
shall be as specified in the Articles and By -Laws, except that a Class B member shall
have five (5) votes for each Lot owned by the Class B member.
(e) Reservefor Replacements. The Board of Directors may 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 Community Area. In determining
the amount, the Board shall take into consideration the expected usofni life of the
Community Area, projected increases in the cost of materials and labor, interest to be
earned by such fund and the advice of Declarant or such consultants as the Board may
employ. The Reserve for Replacements shall be deposited in a special account with a
lending institution the accounts of which are insured by an agency of the United States
of America or may, in the discretion of the Board, be invested in obligations of, or fully
guaranteed as to principal by, the United States of America.
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(f) Limitations on Rctlon by the Corporation. Unless the Class B Member and at
least two-thirds (213) of the Mortgages (based on one vote for each first Mortgage owned)
or two-thirds (2/3) of the Class A members (other than Declarant) have given their prior
written approval, the Corporation, the Board of Directors and the Owners may not: (i)
except as authorized by Paragraph 10(a), by act or omission seek to abandon, partition,
subdivide, encumber, sell or transfer the Community Area (but the granting of easements
for public utilities or other public purposes consistent with the intended use of the
Con comity Area shall not be deemed a transfer for the purposes of this clause); C7 fail
to maintain fire and extended coverage on insurable Community Area on a current
replacement cost basis in an amount at least one hundred percent (100%) of the insurable
value (based on current replacement cost); (iii) use hazard insurance proceeds for losses
to any Community Area for other than the repair, replacement or reconstruction of the
Community 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 Community Area; or (vi) fail to maintain the Reserve for
Replacements in the amount required by this Declaration.
(g) Mergers. Upon a merger or consolidation of another corporation with the
corporation, its properties, rights and obligations may, as provided in its articles of
incorporation or, alternatively, the properties, rights and obligations of another corporation
may by operation of law be added to the properties. rights and obligations of the
Corporation as a surviving c oporatm pursuant to a merger. The surviving or
consolidated corporation may administer the covenants and restrictions established by this
Declaration within the Tract together with the covenants and restrictions established upon
any other properties as one scheme. No other merger or consolidation, however, shall
effect any revocation, change or addition to the covenants established by this Declaration
within the Tract except as hereinafter provided.
(h) Termination of Class B Membership. Wherever in this Declaration the consent,
approval or vote of the Class B member is required, such requirement shall cease at such
time as the Class B membership terminates, but no such termination shall affeet the rights
and powers of Declarant set forth in this declaration.
9. Asasasraenrs.
(a) Creatton of he Lien and Personal Obftgateon of Assessments. Declarant
hereby covenants, and each Owner of any Lot by acceptance of a deed thereto, whether
or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to
the Corporation the fallowing: (1) Cpeneral Assessments; (2) Amhimctural Control
Assessments and (3) Special Assessments, such Assessments to be established and
collected as hereinafter provided.
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All Assessments, together with interest thereon 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, together with interest thereon 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,
W Purpose of Assessment. The General Assessment levied by the
Corporation shall be used exclusively to promote the recreation, health, safety, and
welfare of the Owners of hots, for the improvement, maintenance and operation
of the Community Area, and for the performance of the duties and responsibilities
of the Corporation established by this Declaration.
(1i) Basis far Amu ent
(1) _Tate Generally. Each lot owned by a Person other than
Declarant, Builder of a Residence, or The pittrnana, shall be assessed at
a uniform rate without regard to whether a Residence has been constructed
upon the Lot.
(2) Lots Owned by Derlarant,Builder. or The Pittman . No Lot
owned by Declarant, the Builder of a Residence, or The Pittman, shall be
assessed by the Corporation except such Lots as have been improved by
the construction thereon of Residences which shall be subject to
assessment as provided in Clause (1) above.
(3) Chan�Basis. The basis of assessment may be changed
with the assent of the Class B. member and of (i) two-thirds (213) of the
Class A members (excluding Declarant) or two-thirds (213) of the
Mortgagees (based on one vote for each first mortgage owned) who are
voting in person or by proxy at a meeting of such members duly called for
this purpose.
(iii) Method of Assessment. By a vote of a majority of the Directors, the
Board of Directors shall, orr the basis specified in subparagraph (li), fix be
General Assessment for each assessment year of the Corporation at an amount
sufficient to meet the obligations imposed by this Declaration upon the
Corporation. The Board of Directors shall establish the date(s) the General
Assessment shall become due, and the manner in which it shall be paid. The
foregoing notwithstanding, until December 31, 1996, the uniform rate of the
General Assessment for each Lot in the Tract shall be $300.00 per month, payable
on the first day of each calendar quarter, beginning on January 1, 1996.
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(c) Special Assessment. In addition to such other Special Assessments as may be
authorized herein, the Corporation may levy in any fiscal year a Special Assessment
applicable to that year and not more than the next four (4) succeeding fiscal years for the
purpose of defraying, in whole or in part, the cost of any construction, repair, or
replacement of a capital improvement upon the Community Arcs, including fixtures and
personal property relating thereto, provided that any such Assessment shall have the
assent of the Class B member and of a majority of the votes of the Class A members
whose Lots are subject to assessment with respect to the capital improvement who are
voting in person or by proxy at a meeting of such members duly called for this purpose.
(d) Date of Commencement of General Assessments. The General Assessment
shall commence with respect to assessable Lots within a Section on the fist day of the
month following conveyance of the first Lot in the Section to an Owner who is not
Declarant. The initial General Assessment on an assessable Lot shall be adjusted
according to the days remaining in the month in which the Lot became subject to
assessments.
(e) Effect of Nonpayment of Assessments: Remedies of the Corporation. Any
Assessment not paid within thirty (30) days after the due date may upon resolution of the
Board of Directors bear interest from the due date at a percentage rate no greater than the
current statutory maximum annual interest rate, to be set by the Board of Directors for
each assessment year. The Corporation shall be entitled to institute in any court of
competent jurisdiction any lawful action to collect a delinquent Assessment Pius any
expenses or costs, including attorneys' fees, incurred by the Corporation in collecting such
Assessment. If the Corporation has provided for collection of any Assessment or
installments, upon default in the payment of any one or more installments, the
Corporation may accelerate payment and declare the entire balance of said Assessment
due and payable in full. No Owner may waive or otherwise escape liability far the
Assessments provided for herein by non-use of the Community Area or abandonment of
his Lot.
(f) 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 Lot 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 Lot shall not
affect the assessment lien. The We or transfer of any Lot pursuant to mortgage
foreclosure or any proceeding in lieu thereof shall, however, extinguish the lien of such
Assessments as to payments which became due more than sic (6) months prior to such
sale or transfer. No sale or transfer shall relieve such Lot from liability for any
Assessments thereafter bee wing due or from the lien thereof.
(g) Ceryzcates. The Corporation shall, upon demand by an Owner, at any time,
famish a certificate in writing signed by an officer of the Corporation that the
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Assessments on a Lot have been paid or that certain Assessments remain unpaid, as the
case may be.
(h) A7mual Budget. By a majority vote of the Directors, the Board of Directors
shall adopt an annual budget for the subsequent fiscal year, which shall provide for
allocation of expenses in such a manner that the obligations imposed by the Declaration
and all Supplemental Declarations will be met.
10. Architectural Control.
(a) The Architectural Review Beard, An Architectural Review Board consisting
of two (2) or more persons as provided in the By -Laws shall be appointed by the Class
B member, At such time as them is no Class B member, the Architectural Review Board
shall be appointed by the Board of Directors.
(b) Purpose. The Architectural Review Board shall regulate the external design,
appearance, use, location and maintenance of the Tract and of improvements thereon in
such manner as to preserve and enhance values and to maintain a harmonious relationship
among structures, improvements and the natural vegetation and topography,
(a) Cvnditions. Except as otherwise expressly provided in this Declaration, no
improvements, alterations, repairs, change of colors, excavations, changes in grade,
planting or other work that in any way alters any Lot or the exterior of the improvements
located thereon firm its natural or improved state existing on the date such Lot was first
conveyed in fee by Declarant to an Owner shall be made or done without the prior
approval of the Architectural Review Board of a Lot Development Plan therefore. Prior
to the commencement by any Owner other than Declarant of (i) construction, erection or
alteration of any Residence, building, fence, wall, swimming pool, tennis court, patio, or
other structure on a Lot or Cii) any plantings on a Lot, a Lot Development Plan with
respect thereto shall be submitted to the Architectural Review Board, and no building,
fence, wall, Residence or other structure shall be commenced, erected, maintained,
improved, altered, made or done, or any plantings made, by any person other than
Declarant without the prior written approval of the Architectural Review Board of a Lot
Development Plan relating to such construction, crection, alteration or plantings. Such
approval shall be in addition to, and not in lieu of, all approvals, consents, permits and/or
variances required by law from governmental authorities having jurisdiction over The
Reserve, and no Owner shall undertake any construction activity within The Reserve
unless all legal requirements have been satisfied. Each Owner shall complete all
improvements to a Lot strictly in accordance with the Lot Development Plan approved
by the Architectural Review Board. As used in this subparagraph (c), "plantings" does
not include flowers, bushes, shrubs or other plants having a height of less than eighteen
(18) incites,
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174 . " . • "r �y+:K: _ - , ..
(d) Procedures. In the event the Architectural Review Board fails to approve,
modify or disapprove in writing a Lot Development Plan within sixty (66) days after
notice of such plan has been duly filed with the Architectural Review Board in
accordance with procedures established by Declarant or, if Declarant is no longer a Class
B member, the Board of Directors' approval will be deemed denied. A decision of the
Architectural Review Board (including a denial resulting from the failure of such Board
to act on the plan within the specified period) may be appealed to the Board of Directors
which may reverse or modify such decision (including approval of a Lot Development
Plan deemed denied by the failure of the Architectural Review Board to act on such plan
within the specified period) by a two-thirds vote of the Directors then serving.
(e) Guidelines and Standards. The Architectural Review Board shall have the
power to establish and modify from time to time such written architectural and
landscaping design guidelines and standards as it may deem appropriate to achieve the
purpose set forth in subparagraph (b) to the extent that such design guidelines and
standards are not in conflict with the specific provisions of this Declaration. Any such
guideline or standard may be appealed to the Board of Directors which may terminate or
modify such guideline or standard by a two-thirds (2/3) vote of the Directors then serving.
(f) Application of Guidelines and Standards" The Architectural Review Board
shall apply the guidelines and standards established pursuant to subparagraph (e) in a fair,
uniform and reasonable manner consistent uvith the discretion inherent in the design
review process. In disapproving any Lot Development Plan, the Architectural Review
Board shall furnish the applicant with specific reasons for such disapproval and may
suggest modifications in such plan which would render the plan acceptable to the Board
if resubmitted.
(g) Design Consultants. The Architectural Review Board may utilize the services
of architectural, engineering and other Persons possessing design expertise and experience
in evaluating Lot Development Plans, No presumption of a conflict of interest or
impropriety shall be drawn or assumed by virtue of the fact that any of such consultants
may, from time to time, represent Persons filing Lot Development Plans with the
Architectural Review Board.
(h) Exercise of Discretion, Declarant intends that the members of the
Architectural Review Board exercise discretion in the performance of their duties
consistent with the provisions of subparagraph (f), and every Owner by the purchase of
a Lot shall be conclusively presumed to have consented to the exercise of discretion by
such members. In any judicial proceeding challenging a determination by the
Architectural Review Board and in any action initiated to enforce this Declaration in
which an abuse of discretion by the Architectural Review 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 flavor of the Board, could only conclude that such
determination constituted an abuse of discretion.
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(i) Construction on Lois 34 - 68. The plans for the residences to be constructed
on Lots 54 through 68, must also be approved by the Declarant. No encroachments of
residences or extensions thereof; such as decks and patios, shall be permitted into the am
existing between the building setback line and the rear lot line.
11. CamnrunW Aroma:
(a) ownership. The Community Area shall remain private, and neither
Declarant's execution or recording of an instrument portraying the Community Area, nor
the doing of any other act by Declarant is, or is intended to be, or shall be construed as,
a dedication to the public of such Community Area. Declarant or the Corporation may,
however, dedicate or transfer all or any part of the Community Area to any public
agency, authority or utility for use as roads, ut'tUd s, parks or other public purposes.
(b) Density of Use. Declarant expressly disclaims any warranties or
representations regarding the density of use of the Community Area or any facilities
located thereon.
(c) Obligations of the Corporation, The Corporation, subject to the rights of
Declarant and the Owners act forth in this Declaration, shall be responsible far the
exclusive management and control of the Community Area and all improvements thereon
(including furnishings and equipment related thereto), and shall keep the Community Area
its good, clean, attractive and sanitary condition, order and repair.
(d) Easements of Enjoyment. No person shall have any right or easement of
enjoyment in or to the Community Area except to the extent granted by, and subject to
the terms and provisions of, this Declaration or any Supplemental Declaration executed
by Declarant. Such rights and cascments as are thus granted shall be appurtenant to and
shall pass with the title to every Lot for whose benefit they are granted.
(c) Extent of Easements. The easements of enjoyment created hereby shall be
subject to the following;
(i) the right of the Corporation to establish reasonable rules for the use of
The Community Area;
(H) the right of the Corporation to suspend the right of an Owner and all
Persons whose right to use the Community Area derives from such Owner's
ownership of a Lot to use such portions of the Community Area for any period
during which any Assessment against his Lot remains unpaid for more than thirty
(34) days after notice;
(iii) the right of the corporation to suspend the right of an Owner or any
Person claiming through the Owner to use the Community Area for a period not
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to exceed sixty (60) days for any other infraction of this Declaration, any
Supplemental Declaration or the Register of Regulations;
(iv) the right of the Corporation to mortgage any or all of the Community
Area and the facilities constructed therein for the purposes of improvements to,
or repair oC the Community Area or facilities constructed themon, pursuant to
approval of the Class B member and two-thirds (213) of the votes of the Class A
members (excluding Declarant) or two-thirds (213) of the Mortgagees (based on
one vote for each first mortgage owned), voting in person or by proxy at a regular
meeting of the Corporation or a meeting duly called for this purpose; and
(v) the right of the Corporation to dedicate or transfer all or any part of the
Community Area to any public agency, authority or utility, but no such dedication
or transfer shall be effective unless an instrument signed by the Class B member,
if any, and the appropriate officers of the Corporation acting pursuant to authority
granted by two-thirds (2/3) of the votes of the Class A members (excluding
Declarant) or two-thirds (2/3) of the Mortgagees (based on one vote for each first
mortgage owned), agreeing to such dedication or transfer, has been recorded,
(f) Additional Righu of Use. The members of the family and the guests of every
Person who has a right of enjoyment to the Community Area and facilities subject to such
general regulations consistent with the provisions of this Declaration and all Supplemental
Declarations as may be established from time to time by the Corporation and included
within the Register of Regulations.
(g) Damage or Destruction by Owner. In the event the Community Area,
Residence or Lot is damaged or destroyed by an Owner or any of his guests, tenants,
licensees, agents, or member of his family, such Owner authorizes the Corporation to
repair said damaged area. If the Corporation shall undertake the repair of the damaged
area, the repair shall be in a good and workmanlike manner, in conformance with the
original plans and specifications of the area involved or as the area may have been
modified or altered subsequently by the Corporation, in the discretion of the Corporation.
An amount equal to the costs incurred to effect such repairs shall be assessed against such
Owner as a Special Assessment and shall constitute a lien upon the Lot of said Owner.
(h) Conveyance of Title. Declarant may retain the legal title to the Community
Area or any portion thereof until such runt as it has completed improvements thereon but
notwithstanding any provision herein, the Common Area shall be conveyed to the
Association not later than two (2) years from the data the Common Area or part thereof
is subjected to this Declaration. Owners shall have all the rights and obligations imposed
by this Declaration with respect to such Community Area prior to conveyance, except that
the Corporation shall not be liable for payment of taxes and insurance for such
Community Area until title is conveyed.
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12. AAWMal DSdMgSt&MIgjKAWa a &e Alwak9m The Association shall
provide snow removal fbr an streets and all private driveways. The Association shall provide
trash removal for aII Late on a periodic basis, not less oiiea than once per wed., as determined
by tho Association. The Association shall be responsible for the repair and maintenance of the
irrigation system located on each Lot, except for such repair and maintenance resulting f = the
damage or neglect of the lot Owner. The Association shall have the responsibility for the
replacement of the irrigation sysicrn on each Lek The Association shall be responsible for the
maintenance of the lawn of each lot, including grass mowing, fertilisation, trimming of bushes
and shrubs in mulch bads, edging, and leaf removaL The Lot Owner shall have the duty and
responsibility to replace all plant material installed on his Lat: For the additional duties to be
pert ned by the Association hereunder, the Association shall have a blanket easement upon,
across, over, and under each Lot.
13. Saaedreni's.
(a) Plat Basemenu. In addition to such easements as are created elsewhere in this
Declaration and as may be created by Declarant purmuit to written instruments recorded
in the Office of the Recorder of Hamilton County, Indiana, Lots are subject to drainage
easements, sewer easements, utility casements, entry way easements, landscape easements
and nos -access easements, either separately or in any combination thereof; as shown on
the Plats, which are reserved for the use of Declarant, Owners, the Corporation, the
Architectural Review Hoard, public utility companies and governmental agencies as
follows:
(i) Drainage Easements C'DE") are created to provide paths and ooursos Ibr
area and local storm drainage, either overland or in adequate underground conduit,
to serve the needs of The Reserve and adjoining ground and/or public drainage
systems; and it shall be the individual responsibility of each Owner to maintain
the drainage across his own Lot. Under no circumstance shall said easement be
blocked in any manner by the conshuotion or reconstruction or any improvement,
nor shall any grading restriet, in any manner, the watmilow. Said area are
subject to construction or reconstruction to any extent necessary to obtain adequate
drainage at any time by any governmental authority having jurisdiction over
drainage, by Declarant, and by the Architectural Review Board, but neither
Declarant nor the Architectu it Review Board shall have any duty to undertake
any such construction or re =stniction. Said easements are for the rautnel use
and benefit of the Owners.
(ii) Sewer Easements (" SE") are created for the use of the local
govarmmntat agency having jurisdiction over any storm and sanitary waste
disposal system which may be designed to serve The Reaave far the purpose of
installation and maintenance of sewers that are a part of said system.
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(iii) Utility Easements ("UE") are created for the use of Declarant, the
Corporation and all public utility companies, not including transportation
companies, for the installation and maintenance of roams, ducts, poles, lines and
wires, as well as for all uses speoified in the case of sewer easements.
(iv) Entry Way Easements ("EWE") are created for the use of Declarant,
the Architectural Review Board and the Corporation for the installation, operation
and maintenance of the Entry Way&
(v) Landscape Easements ("LE") are created for the use of Declarant, the
Architectural Review Board and the Corporation far the planting and maintenance
of trees, shrubs and other plantings.
(vi) Community Area Access Easements ("CAE") are created for the
purpose of gaining access to the Community Area in the course of maintenance,
repair or replacement thereof.
(vn) Nan -Access Easements ("NAE") are created to preclude access from
certain hots to abutting rights -of -way aomss the land subject to such easements.
All casements mentioned herein include the right of reasonable ingress and egress for the
exercise of other rights reserved. No structure, including fences, shall be built on any
drainage, sewer or utility easement if such structure would interfere with the utilization
of such easement for the purpose intended or violate any applicable legal requirement or
the terms and conditions of any easement specifically granted to a Person who is not an
Owner by an insw ntent recorded in the Office of the Reoorder of Hamilton County, but
a concrete or asphalt driveway necessary to provide access to a Lot from a public street
and a sidewalk installed by or at the direction of Declarant (and replacement4 thereof)
shall not be deemed a "structure" for the purpose of this Restriction.
(b) General Easement. There is hereby created a blanket easement over, acmes,
through and under the Tract for ingress and 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
Declarant or the providing utility or service company to install and maintain facilities and
equipment on the Tract and to excavate for such purposes if Declarant or such company
restores the disturbed area as nearly as is practicable to the condition to which it was
found. No sewers, electrical lines, water lines, or other utility service lines or facilities
for such utilities may be installed or relocated in a Section except as proposed and
approved by Declarant prior to the conveyance of the fast Lot in a Section to an Owner
or by the Architectural Review Board thereafter, Should any utility furnishing a service
covered by the general easement herein provided request a specific easement by separate
recordable document, Declarant or the Corporation shall have the right to grant such
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easement on the Tract without conflicting with the terms thereof. This blanket easement
shall in no way affect any other recorded casements on the Track shall be limited to
improvements as originally constructed, and shall not cover any portion of a lot upon
which a Residence has been constructed.
(c) Public Heahh and Safety Easements. An easement is hereby created for the
benefit of, and granted to, all police, fire protection, ambulance, delivery vehicles, and all
similar Person to enter upon the Community Area in the performance of their duties,
(d) Drainage Board Easement. An easement is hereby created for the benefit of,
and granted to, the Drainage Board to enter the Tract and all Lots therein to the extent
necessary to exercise its rights with respect to any legal drain constituting a part of the
Drainage System.
(e) Crossing Underground Basements. Easements utilized for underground service
may be crossed by driveways, walkways, Lake Access Easements and Community Area
Access Easements provided prior arrangement are made with the utility company
furnishing service. Such easements as are actually utilized for underground service shall
be kept clear of all other improvements, including buildings, patios or other pavings, other
than crossings, driveways, walkways, Labe Access Easements or Community Area Access
Easements, and neither Declarant nor any utility company using the easements shall be
liable for any damage done by either of there or their assigns, agents, employees, or
services to shrubbery, trees, flowers or other improvements of the Owner located on the
land covered by said easements.
(f) Declarants Easement to Correct Drainage. For a period of ten (10) years
from the date of conveyance of the first Lot in a Section, Declarant reserves a blanket
easement and right on, over and under the ground within that Section to maintain and to
correct drainage of surface water in order to cut any trees, bushes or shrubbery, make any
gradings of the soil, or to take any other similar action reasonably necessary, following
which Declarant shall restore the affected property to its original condition as nearly as
practicable. Declarant shall give reasonable notice of its intention to take such action to
all affected Owners, unless in the opinions of Declarant an emergency exists which
precludes such notice.
(g) Water Retention, The Owner of each Lot, by acceptance of a deed thereto,
consents to the temporary storage (retention) of storm water within the drainage
easements (DE) on such Owner's Lot.
(h) Street Lights. The owner of each Lot on which a street light is installed by
Declarant consents to the placement of a street light on such Lot and agrees that the
Corporation shall have the right to enter upon the Lot for the purpose of maintaining the
strect light.
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14. Declarant's Use Durinz_G'onstrucxio_n. Notwithstanding any provisions to the
contrary contained herein or in any other instrument or agreement, Declarant or its sales agents
or contractors may maintain during the period of construction and sale of Lots and Residences
in the Tract or the Development Area, upon such portion thereof as is owned or leased by
Declarant, upon such facilities as in the sole opinion of Declarant may be reasonably required,
convenient or incidental to the conduction and sale of Lots and Residences, including, but
without limiting the generality thereof, a business office, storage area, construction yards, signs,
model Residences and sales offices.
15. Enforcement The Corporation, any Owner or Deciarant shall have the right to
enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration and of any
Supplemental Declarations, but neither Declarant nor the Corporation shall be liable for damage
of any kind to any Person for failure either to abide by, enforce or cant' out any of the
Restrictions. No delay or failure by any Person to enforce any of the Restrictions or to invoke
any available remedy with respect to a violation or violations thereof shall under any
circumstances be deemed or held to be a waiver by that Person of the right to do so thereafter,
or an estoppel of that Person to assert any right available to him upon the occurrence, recurrence
or continuation of any violation or violations of the Restrictions. In any action to enforce this
Declaration, the Person seeking enforcement shall be entitled to recover all costs of enforcement,
including attorneys' fees, if it substantially prevails in such action.
16. Llmiladons on fthts of -Me Cornoradan. As long as there is a Class B member,
the Corporation may not use its resources nor take a pubiie position in opposition to the General
Plan of Development or to changes thereto proposed by Declarant. Nothing in this paragraph
shall be construed to limit the rights of the Members acting as individuals or in aPfiiiation with
other Members or groups as long as they do not employ the resources of the Corporation or
identify themselves as acting in the name, or on the behalf, of the Corporation.
17. Annrovals by Deeluranr, As long as there is a Class B member, the following
actions shall require the prior approval of Declarant: dedications of Sections within the Tract or
of the Tract with other real estate; mortgaging of the Community Area; amendment of this
Declaration and any Supplemental Declaration; and changes in the basis for assessment or the
amount, use and time of payment of the initial Assessment for the Community Area.
I8. Ma a es.
(a) NNW to Corporadon. Any Owner who places a first mortgage lien upon his
Residence or the Mortgagee shall notify the Secretary of the Board of Directors of such
mortgage and provide the name and address of the Mortgagee. A record of such
Mortgagee's name and address shall be maintained by the Secretary and any notice
required to be given to the Mortgagee pursuant to the terms of the Declaration any
Supplemental Declaration, the Articles or the By -Laws (the "Organizational Documents")
shall be deemed effectively given if mailed to such Mortgagee at the address shown in
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such record in the time provided. Unless notification of any such mortgage and the name
and address of Mortgagee are furnished to the Secretary, either by the Owner or the
Mortgagee, no notice to any Mortgagee as may be otherwise required by the
Organizational Documents shall be required and no Mortgagee shall be entitled to vote
by virtue of the Organizational Documents or a proxy granted to such Mortgagee in
connection with the mortgage.
(b) Notices to Mortgagees. The Corporation shall promptly provide to any
Mortgagee of whom the Corporation has been provided notice under subparagraph (a)
above notice of any of the following:
(i) Any condemnation or casualty loss that affects a material portion of the
Community Area;
(ii) Any delinquency in the payment of any Assessment owned by the Owner
of any Residence on which said Mortgagee holds a mortgage or any
default by an Owner under the Organizational Documents, if said
delinquency or default continues for more than sixty (60) days;
(iii) Any lapse, cancellation or material modifications of any insurance policy
of fidelity bond maintained by the Corporation;
(iv) Any proposed action that requires the consent of a specified percentage of
Mortgages; and,
(v) Any proposed amendment of the Organizational Documents effecting a
change in (A) the interests in the Community Area appertaining to any
Residence or the liability for Maintenance Costs appertaining thereto, (8)
the vote appertaining to a Residence or (C) the purposes for which any
Residence or the Community Area are restricted.
(c) Notice of Unpaid Asse amens. The Corporation shall, upon request of a
Mortgagee, a proposed mortgage, or a proposed purchaser who has a contractual right to
purchase a Residence, famish to such mortgagee or purchaser a statement setting forth
the amount of the unpaid Assessments against the Residence and the Owners, and any
Mortgagee or grantee of the Residence shall not be liable for, nor shall the Residence
conveyed be subject to a lien for, any unpaid Assessments in excess of the amount set
forth in such statement,
0) Financial Statements. Upon the request of any Mortgagee, the Corporation
shall provide to said Mortgagee the most recent financial statement prepared on behalf
of the Corporation.
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(e) Payments by Mortgagees, Any Mortgagee may (i) pay taxes or other charges
that are in default and that may or have become a lien upon the Community Area or any
part thereof and (ii) pay overdue premiums on hazard insurance policies or secure new
hazard insurance coverage for the Community Area in case of a lapse of a policy. A
Mortgagee making such payments shall be entitled to immediate reimbursement from the
Corporation.
19. dmendments.
(a) Generally. This Declaration may be amended at any time by an instrument
signed by (i) the appropriate officers of the Corporation acting pursuant to the authority
granted by not less than two-thirds (2/3) of the votes of the Class A members cast at a
meeting duly called for the purpose of amending this Declaration and, to the extent
required herein (H) Declarant,
(b) By Declarant. Declarant hereby reserves the right unilaterally to amend and
revise the standards, covenants and restrictions contained in this Declaration during the
period prior to December 31, 2005. Such amendments shall be in writing, executed by
Declarant, and recorded with the Recorder of Hamilton County, Indiana. No such
amendment, however, shall restrict or diminish the rights or increase or expand the
obligations of Owners with respect to Lots conveyed to such Owners prior to the
amendment or adversely affect the rights and interests of Mortgagees holding first
mortgages on Residences at the time of such amendment. Declarant shall give notice in
writing to such Owners and Mortgagees of any amendments. Except to the extent
authorized herein, Declarant shall not have the right at any time by amendment of this
Declaration to grant or establish any easement through, across or over any Lot which
Declarant has previously conveyed without the consent of the Owner of such Lot.
(e) Effective Date, Any amendment shall become effective upon its recordation
in the Office of the Recorder of Hamilton County, Indiana.
20. Internretati The aforesaid titles preceding the various paragraphs and
subparagraphs of this Declaration are for convenience of reference only, and none of them shall
be used as an aid to the construction of any provision of this Declaration. Wherever and
whenever applicable, the singular form of any word shall be taken to mean or apply to the plural,
and the masculine form shall be taken to mean or apply to the feminine or to the neuter.
21. Duration. The foregoing covenants and restrictions are for the mutual benefit and
protection of the present and future Owners, the Corporation, and Declarant, and shall run with
the land and shall be binding on all parties and all Persons claiming under them until January 1,
2020, at which time said covenants and restrictions shall be automatically extended for successive
periods of ten (10) year, unless changes in whole or in part by vote of those Persons who are
then the Owners of a majority of the Lots in the Tract.
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22. Severabilfty. 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 and 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.
23. Non-Liabilty of Derlarant Declarant shall not have any liability to an Owner or
to any other Person with respect to drainage on, over or under a Lot. Such drainage shall be the
responsibility of the Owner of the Lot upon which a Residence is constructed and of the builder
of such Residence and an Owner, by an acceptance of a deed to a Lot, shall be deemed to have
agreed to indemnify and hold Declarant free and harmless from and against any and all liability
arising from, related to, or in connection with drainage on, over and under the Lot described in
such deed. (Declarant shall have no duties, obligations or liabilities hereunder except such as are
expressly assumed by Declarant, and no duty of, or warranty by, Declarant shall be implied by
or inferred from any term or provision of this Declaration.
24. Exempt Lots. The provisions of this Declaration notwithstanding, except for the
provisions of paragraphs 25 and 26, Lots 69 and 70 shall be exempt from the provisions of this
Declaration. The Owner(s), by the acceptance of a deed to a Lot(s), acknowledge that the
improvements existing on cats 69 and 70 are currently used for recreational and social uses and
it is anticipated that such uses will continue.
25. Private Street Declarant hereby covenants that it shall convey and transfer the
Private Street included in and constituting a part of the Real Estate to the Association upon the
completion of such Private Street. The Private Street so conveyed by Declarant to the
Association shall, at the time of such conveyance, be subject to all easements, covenants,
conditions, limitations and restrictions then of record, but shall be free and clear of an liens and
financial encumbrances, other than the lien of the then -current non -delinquent installment of real
estate taxes and assessments and subsequent installments thereof, which shall thereafter be paid
when due by the Association, and shall be further subject to the terms and provisions of this
Declaration. Declarant reserves unto itself, its successors and assigns, and hereby establishes for
each Owner(s) of Lots 65-74, their guests and invitees, and all public and quasi -public vehicles,
an easement for ingress and egress on and over the Private Street. The terms "public vehicles"
and "quasi -public vehicles" shall include, but shall not be limited to, vehicles operated for police
and fire protection, ambulances and other emergency vehicles, for trash and garbage collection,
and for mail and other delivery services operated in the performance of their duties.
The maintenance, repair and replacement of the Private Street shall be the
responsibility of the Association, The Association shall establish and maintain a separate bank
account to be known as the Private Street Maintenance and Reserve Fund funded by the Owners
of Lots 65 through 74, inclusive, to pay for the maintenance of the Private Street, and for any
gate installed.
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26. 1Vo*e of Pr vuie Street Each Owner, by the acceptance of a deed to a Lot,
acknowledges that Sanner Court {"Private Street") is a Private Street, and that the maintenance,
repair and replacement of such Private Street is the sole responsibility of the Association as
described herein; each Owner further agrees that, by the acceptance of a deed to a Lot, be waives
the right to request the dedication of the Private Street to the City of Carmel, Indiana, or to the
Board of Hamilton County Commissioners,
IN TESTIMONY WMEREOF, Deciamnt has executed this Declaration as of the date set
forth above.
THE RESERVE AT SPRING MILL, L.P.
By: Pittman Partners, Inc.
General Partner
/24 By:�1f� � A � -
Steve A. Pittman, President
SPATE OF INDIANA )
) SS:
COUN rY OF HAMILTON }
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared Steve A. Pittman, President of Pittman Partners Inc., the General Partner of The
Reserve at Spring Mili, LT., who acknowledged the execution of the foregoing Declaration of
Covenants and Restrictions.
VYUNESS my hand and Notarial Seal this day of January, 1996.
My Commyy,,ission Expires: 1' �+/ z"
Diary
Public-_s. ;
,10
n'
County of Residence:
Printed Name ., .. • , r+'�
This Instrument Prepared By:
James J. Nelson
Nelson & Frankenberger
3021 East 98th Street
Suite 220
Indianapolis, Indiana 46280
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. � ....,....>: -. _.. v _ . ,., ... - n _........ ..-" -. ' - - - "r•' �' au u•vurm 1 a 1 I 1 W W-tlU! U� [3llUlr7ilU i i1 2J 2
EXHIBIT A
RIPTION
(THE RESERVE AT SPR NGMILL SECTION 2)
Part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hemitton
County, Indiana, being more particularly described as faitows:
Commencing at a 51B inch rebar at the Northwest corner of the Northwest Quarter of said
Section 11; thence South 00 degrees 00 minutes 00 seconds East (Assumed Bearing)
along the West line of said Northwest quarter Section a distance of 660-00 feet to a rail
road spike at the faint of Beginning; thence North 89 degrees 15 minutes 00 seconds
East i distance of 1188-001601a a point on a brick wall column; thence South 00 degrees
00 minutes 00 seconds West, parallel with said west Ilne, a distance of 660.00 rest to a
Point on a brick wail column; thence South 89 degrees 15 minutes 00 seconds West a
distance of 528.00 feet to a point` on a brick wall column; thence South 64 degrees 22
Soul 1 00 seconds West a distance of 42,99 feet to a point on a brick wail column; thence
South of he es ry minutes 35 seconds West a distance of 66-92 feet to the northeast
carver of The Reserve at 5pringmill Section 1, a subdivision in Hamilton County, Indiana,
the plat of which is r{brded as Instrument No. 9427146 in the Office of the Recorder of
Hamilton County, Indiana (the neod four described courses being along the northerly line
0wract thence North 73 degrees 45 minutes 25 seconds West a distance of 60.00 feet;
thence South 73 degrees 00 minutes 00 seconds West a distance of 275.38 feet; thence
North 48 degrees 54 minutes 12 seconds West a distance of 287.31 feet; thence North 90
degrees 00 minutes 00 seconds West a distance of 65.00 feat to the west line of the
Northwest quarter Section; thence North 00 degrees 00 minutes 00 seconds last along
the west ling of Said Northwest quarter Section a distance of 809.08 feet to the Beginning
Paint, containing 18,900 acres more or less.
A697kk=189702, doc
2117/9&DEC