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Holmes, Christine B
From: Holmes, Christine B
Sent: Friday, September 29,2006 12:07 PM
To: Mast, Darren (dmast@carmel.in.gov); Brennan, Kevin S (kbrennan@carmel.in.gov); Weddington, Trudy A.;
Blanchard, Jim E; Brewer, Scott I; Conn, Angelina V; Miser, Craig; DeVore, Laura B; Dolan, Veronica A; Griffin, Matt
L; Hancock, Ramona B; Hohlt, William G; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Lillard,
Sarah N; Littlejohn, David W; Mindham, Daren; Ochs, James A; Ryg, Karyn; Schriner, Adam J; Stewart, Lisa M;
Tingley, Connie S
Cc: 'Skelton, Matthew S.'; 'dolmstead@Stoeppelwerth.com'
Subject: Docket No. Assignment (PP):Cherry Tree Grove (06090042 PP)
I have issued the necessary Docket Number for (PP) Cherry Tree Grove. It is the following:
Docket No. 06090042 PP: Cherry Tree Grove.
PP A lication Fee:
$107 er lot x 34:
$ 802.00
$3,638.00
Total Fee:
$4 440.00
Docket No. 06090042 PP: Cherry Tree Grove.
The applicant seeks primary plat approval for a 20.44-acre site, to be divided into 34 parcels.
The site is located on Cherry Tree Road, south of 146th Street, and is currently zoned S1, with S2 zoning pending Council
approval.
Filed by Matthew Skelton of Baker and Daniels, LLP for RDJ Land Development, LLC.
Petitioner, please note the following:
1. These items will be on the October 18,2006, agenda of the Technical Advisory Committee (TAC).
2. Mailed and Published Public Notice needs to occur no later than Friday, October 27,2006. Published notice is required
within the Indianapolis Star.
3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona
Hancock no later than NOON, Friday, November 10, 2006. Failure to submit Informational Packets by this time will result
in the tabling of the petition to the October 17, 2006, agenda of the Plan Commission.
4. Proof of Notice will need to be received by this Department no later than Noon, Friday, November 17,2006. Failure to
submit Proof of Notice by this time will result in the tabling of the petition.
5. These items will appear on the November 21, 2006, agenda of the Plan Commission (under "Public Hearings").
6. These items will appear on the Tuesday, December 5, 2006, agenda of the Plan Commission Subdivision Committee.
Mr. Skelton can be contacted at 317.569.4835, fax 317.569.4800
Christine Barton-Holmes
Planning Administrator
Carmel City Hall
One Civic Square
Carmel, IN 46032
(317) 571-2425
10/13/2006
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APPLICATION FOR
DATE:
PRIMARY PLAT
Fee: $802.00 plus $107.00 per lot
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($267.00 plus $107.00 per lot)
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DOCKET NO.
The undersigned agrees that any construction, reconstruction, enlargement, relocation or
alteration of structure, or any change in the use of land or structures requested by this
application will comply with, and conform to, all applicable laws of the State of Indiana, and the
"Zoning Ordinance of Carmel, Indiana - 1980", adopted under the authority of Acts of 1979,
Public Law 178 Sec. 1, et seq, General Assembly of the State of Indiana, and all Acts
amendatory thereto.
Name of Applicant: Mcdtkew S, -Sket-\o"" Phone No. (3 '7} -$;''1-1'835'
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Fax No. (3.17)S"b' -4800
Address of Applicant: ~~~ '.\ lA."".d~ I LL~) bOO c,9(,11 sf.) ~ie.~OOI ~d~~~\'\ $,
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Name of Owner: sV"'-~~'e . Ly...,., . 1Il:.&..e'~L,",..~k ~te",-~ Phone No.
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Name of Subdivision: L.k~ "tee.. G\O\I~
Legal Description: (To be typewritten on separate sheet and attached)
Area {in acres}: 20,4 L/ Number of Lots: :3 L/ Length {in miles} of new streets
to be dedicated to public use: O. 4'1b
Surveyor certifying plat: S~c:.~pe.( w~ '4 ,4.sS'oc..,/ ~ ~",,'. s d """'- a-~A
Address: qCftfo At(~~l>'\u:lle ~ 'f r:-:sk&s Phone No. (:;.7') 577 -3~O
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The undersigned having been duly sworn, upon oath says that the above information
is true and correct as he or she is informed and believes.
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SIGNATURE OF APPLICANT:
Subscribed and sworn to before me thiS~ 0
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5.1.10 Application for Primary Plat. Two (2) copies, or more if necessary, of the primary plat
and of the construction plans together with supporting documents shall be submitted to the Director of
Current Planning with this application. These plans to be distributed to all Technical Advisory
Committee authorities bvapplicant.
FEE: Received by:
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NAME OF APPLICANT: \f2.-1>-:S- L~_.d -S:>eve(of ~~""'" ~ I
NAME OF SUBDIVISION: C kc2~ (' '( \t-e<.:: G~ov€..
DATE OF PLAN COMMISSION MEETING:
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PRIMARY PLAT CHECKLIST
LLC
DATE:
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A. Two Cooies of Plat to Illustrate:
Name of subdivision (5.2.1)
Words "PRIMARY PLAT" (5.2.1)
Date of submission of latest revisions (5.2.1)
Name of subdivision designer (5.2.1)
Present zoning classification (5.2.1 )
Total acreage of the plat (5.2.1)
Name, address, telephone number of owner, subdivider & registered land surveyor (5.2.2)
Street and rights-of-way: (5.2.3)
a. Locations
b. Names
c. Street width
d. Right-of-way width
Location, size and capacity of: (5.2.5)
a. Proposed sanitary sewers
b. Water mains, hydrants
c. Drainage system
Layout of lots showing dimensions, lot number & square footage (5.2.6)
Parcels to be dedicated or reserved for public use (5.2.7)
Contour slopes (5.2.8)
Tract boundary lines showing dimensions, angle bearings, existing monuments, markers
and benchmarks. (5.2.9)
Location of flood plains (FP, FF and FW) (5.2.10)
Building setback lines (5.2.11)
Legends and notes (5.2.12)
B. SUDDortina Data:
Area location map of 1" = 500' to show: (5.3.1)
a) Existing adjacent uses
b) Watershed boundaries
c) Thoroughfares directly related to proposed subdivision
d) Existing adjoining zoning classifications and proposed uses
e) Title on area location map, its scale, north arrow and date information was placed on
map
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Service reports of statements (5.3.3)
a) Police and Sheriff
b) Fire Department
c) Water and sanitary sewer utilities
d) Electric, gas and telephone utilities
e) Carmel/Clay schools
f) Hamilton County Health Department
g) Surveyor, Drainage Board, County Commissioners
h) Indiana Natural Resources Commission
i) Carmel Board of Public Works
j) Director of the Dept. of Community Development
Report describing water system, sanitary sewer system and storm drainage system
Statement from State Highway, County Highway or City Street Dept.
Soils map and report from Hamilton County Soils & Water Districts (5.3.6)
A description of the protective covenants or private restrictions (5.3.7)
Erosion control plan (5.3.9)
Statement from the Carmel Board of Public Works or other appropriate authority stating that
said authority has capacity for sewer/water hookups (5.3.10)
Landscape plan
Proposed signage plan
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UTILITY SUMMARY FOR CHERRY CREEK ESTATES
Electric
Electric service will be provided by PSI Cinergy. The development will be served by
existing power service along Cherry Tree Road and from surrounding service in existing
subdivisions.
Telephone
Telephone service will be provided by Ameritech. The development will be serviced by
existing telephone lines along Cherry Tree Road and from surrounding service in existing
subdivisions.
Water
Water service will be provided by the City of Carmel. The development will be served
by a main extension to the site along Cherry Tree Road.
Sanitary Sewer
Sanitary sewer service will be provided by the City of Carmel. The development will be
served by extending sanitary sewers from an existing manhole within existing section 6B
of Cherry Creek Estates between lots 290 and 291. Upon completion of the sanitary
sewer construction, the developers will be dedicating the sanitary sewers to the City of
Carmel.
Drainage
The stormwater for this development will be collected in a series of swales and conveyed
to detention areas where it will be stored and released at a controlled rate before being
discharged into existing storm sewers within Section 6B of Cherry Creek Estates and
ultimately discharge into the Vestal and Brock Drains.
Gas
Natural gas service will be provided by Vectem Energy. The development will be
serviced by a main extension to the site along Cherry Tree Road and connections into
surrounding subdivisions.
S:\52 790\Bl ue _ Book\Appl ications _Notice\Util itySummary .doc
June 8, 2006
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PLAT COVENANTS AND RESTRICTIONS
OF
CHERRY TREE GROVE
Table of Contents
1. PUBLIC RIGHT OF WAY.. .............................................................................................................................2
2. COMMON AREAS. ..........................................................................................................................................2
3. UTILITY AND DRAINAGE EASEMENTS. ..................................................................................................2
4. RESIDENTIAL UNIT SIZE, LOCATION AND OTHER REQUIREMENTS. .......................................... 3
5. RESIDENTIAL UNIT USE. ...................................................................................................... ....................... 3
6. ACCESSORY AND TEMPORARY BUILDINGS. ........................................................................................ 3
7. TEMPORARY RESIDENCE. ............................................................................... ........................................... 3
8. NUISANCES. ..................................................................................................................................................... 3
9. VEHICLE PARKING. ............................................................................................................................. ......... 3
10. SIGNS. ................................................................................................................................................................ 3
11. MAILBOXES. .................................................................................................................................................... 3
12. GARBAGE AND REFUSE DISPOSAL. ......................................................................................................... 4
13. STORAGE TANKS. ...................... ......................................................................................................... ........... 4
14. WATER SUPPLY AND SEWAGE SySTEMS...............................................................................................4
15. DITCHES AND SWALES. ...............................................................................................................................4
16. GARAGESIDRIVEW A YS. ...............................................................................................................................4
17. ANTENNA AND SATELLITE DISHES. ........................................................................................................4
18. AWNINGS. .... ........... .... ....... ....... ..... ....... ..... ............. ......... ....... ...... .......... ........................... ....... ............. ........... 4
19. FENCING.......................................................................................................... Error! Bookmark not defined.
20. SWIMMING POOLS, SPORTS COURT AND PLAY EQUIPMENT........ Error! Bookmark not defined.
21. SOLAR PANELS. .......................... ........................ ........................ ........................ ............................................ 4
22. OUTSIDE LIGHTING. ................. ................................................ ........................ ............................................ 4
23. SITE OBSTRUCTIONS. ............... ................................................ .................................................................... 5
24. VIOLATION. ................................. .................................................................................................................... 5
25. AMENDMENT. ................................................................................................................................................. 5
26. TERM. ............................................ ................................................ ........................ ............................................ 5
27 . SEVERABILITY. .......................... ................................................ ........................ ............................................ 5
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PLAT COVENANTS AND RESTRICTIONS
CHERRY TREE GROVE
The undersigned, RDJ Land Development, LLC, an Indiana Limited Liability Company (the "Developer"),
is the Owner of the real estate more specifically described in Exhibit "A" attached hereto (the "Real Estate"). The
Developer is concurrently platting and subdividing the Real Estate as shown on the plat for Cherry Tree Grove,
which is filed of record simultaneously herewith in the Office of the Recorder of Hamilton County, Indiana (the
"Plat") and desires in the Plat to subject the Real Estate to the provisions of these Plat Covenants and Restrictions.
The subdivision created by the Plat (the "Subdivision") is to be known and designated as "Cherry Tree Grove". In
addition to the covenants and restrictions hereinafter set forth, the Real Estate is also subject to those covenants and
restrictions contained in the Declaration of Covenants, Conditions and Restrictions of Cherry Tree Grove, dated this
day of , 2007, and recorded on this day of
2007, as Instrument No. , in the Office of the Recorder of Hamilton County, Indiana, as the
same may be amended or supplemented from time to time as therein provided (the "Declaration"), and to the rights,
powers, duties and obligations of The Cherry Tree Grove Community Association, Inc. (the "Association") set forth
in the Declaration. If there is any irreconcilable conflict between any of the covenants and restrictions contained
herein and any of the covenants and restrictions contained in the Declaration, the covenants and restrictions
contained in the Declaration shall govern and control, but only to the extent of the irreconcilable conflict, it being the
intent hereof that all covenants and restrictions contained herein shall be applicable to the Real Estate to the fullest
extent possible. Capitalized terms used herein shall have the same meaning as given in the Declaration.
In order to provide adequate protection to all present and future Owners of Lots in the Subdivision, the
following covenants and restrictions, in addition to those set forth in the Declaration, are hereby imposed upon the
Real Estate:
I. PUBLIC RIGHT OF WAY. The rights-of-way of all streets as shown on the Plat, if not heretofore
dedicated to the public, are hereby dedicated to the public for use as a public right-of-way.
2. COMMON AREAS. There are areas of ground on the Plat marked "Common Area". Developer hereby
declares, creates and grants a non-exclusive easement in favor of each Owner for the use and enjoyment of
the Common Areas, subject to the conditions and restrictions contained in the Declaration. Common Areas
are created and reserved for the use of the Developer, during the Development Period, and the Association
for access to and the installation, maintenance and replacement of foliage, landscaping, screening materials,
entrance walls, lighting, irrigation and other improvements. Except as installed by Developer or installed
and maintained by the Association or with the approval of the Architectural Review Committee, no
structures or improvements, including without limitation, piers, decks, walkways, patios and fences, shall be
erected or maintained upon said Common Areas and shall not be used for residential home construction.
3. UTILITY AND DRAINAGE EASEMENTS. There are areas of ground on the Plat marked "Utility
Easements and Drainage Easements", either separately or in combination. The Utility Easements are hereby
created and reserved for the use of all public utility companies (not including transportation companies),
governmental agencies and the Association for access to and installation, maintenance, repair or removal of
poles, mains, ducts, drains, lines, wires, cables and other equipment and facilities for the furnishing of uility
services, including cable television services. The Drainage Easements are hereby created and reserved for
(i) the use of Developer during the "Development Period" (as such term is defined in the Declaration) for
access to and installation, repair or removal of a drainage system, either by surface drainage or appropriate
underground installations, for the Real Estate and adjoining property, and (ii) the use of the Association and
the Board of Public Works of the City of Carmel for access to and maintenance, repair and replacement of
such drainage system. The Owner of any Lot in the Subdivision subject to a Drainage Easement, including
any builder, shall be required to keep the portion of said Drainage Easement on his Lot free from
obstructions so that the storm water drainage will be unimpeded and will not be changed or altered without
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a permit from the Board of Public Works and prior written approval of the Developer or the Association.
The Utility Easements are hereby created and reserved for the use of the Board of Public Works and, during
the Development Period, for the use of Developer for access to and installation, repair, removal,
replacement or maintenance of an underground storm and sanitary sewer system. The delineation of the
Utility Easements and Drainage Easements areas on the Plat shall not be deemed a limitation on the rights
of any entity for whose use any such easement is created and reserved to go on any portion of any Lot
subject to such easement temporarily to the extent reasonably necessary for the exercise of the rights
granted to it by this Paragraph 3. Except as installed by Developer or installed as provided above, no
structures or improvements, including without limitation, decks, patios, pools, landscaping, fences or
walkways, shall be erected or maintained upon said easements.
4. RESIDENTIAL UNIT SIZE. LOCATION AND OTHER REQUIREMENTS. All Residence Units
constructed on a Lot shall comply with the Zoning standards attached hereto as Exhibit "8". For any
discrepancy between the Plat Covenants and the Zoning Commitments, the zoning commitments shall
supercede.
5. RESIDENTIAL UNIT USE. All Lots in the Subdivision shall be used solely for residential purposes. No
business building shall be erected on any Lot, and no business may be conducted on any part thereof in
violation of any home occupation provisions of the applicable zoning ordinance. No building shall be
erected, placed, or permitted to remain, on any Lot other than one residence and permanently attached
residential accessory buildings.
6. ACCESSORY AND TEMPORARY BUILDINGS. No trailers, shacks, outhouses or detached or
unenclosed storage sheds, tool sheds, garages or accessory buildings of any kind shall be erected or situated
on any Lot in the Subdivision, except that used by the Developer or by a builder during the construction of a
residential building on the property, which temporary construction structures shall be removed upon
completion of construction of the Subdivision or building, as the case may be.
7. TEMPORARY RESIDENCE. No trailer, camper, motor home, truck, shack, tent, boat, recreational
vehicle, basement or garage may be used at any time as a residence, temporary or permanent; nor may any
other structure of a temporary character be used as a residence.
8. NUISANCES. No domestic animals raised for commercial purposes and no farm animals or fowl shall be
kept or permitted on any Lot. No noxious, unlawful or otherwise offensive activity shall be carried out on
any Lot, nor shall anything be done thereon which may be or may become a serious annoyance or nuisance
to the neighborhood.
9. VEHICLE PARKING. No camper, motor home, truck (over 3/4 ton load capacity), trailer, boat, personal
watercraft, snowmobile or other recreational vehicle of any kind may be stored on any Lot in open public
view. No vehicles of any kind may be put up on blocks or jacks to accommodate car repair on a Lot unless
such repairs are done in the garage. Disabled vehicles shall not be allowed to remain in open public view.
10. SIGNS. No sign of any kind shall be displayed to the public view on any Lot, except that one sign of not
more than six (6) square feet may be displayed at any time for the purpose of advertising a Residential Unit
for sale or rent, and except that Developer and its affiliates and designees may use larger signs during the
sale and development ofthe Subdivision.
11. MAILBOXES. All mailboxes and replacement mailboxes shall be uniform and shall conform to the
standards set forth by the Architectural Review Committee.
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12. GARBAGE AND REFUSE DISPOSAL. Trash and refuse disposal will be provided by the City of
Carmel. All trash shall be kept inside each living unit or its garage except for the day trash is picked up by
the City of Carmel.
13. STORAGE TANKS. No gas, oil or other storage tanks shall be installed on any Lot.
14. WATER SUPPLY AND SEWAGE SYSTEMS. No private or semi-private water supply or sewage
disposal system may be located upon any Lot. No septic tank, absorption field or similar method of sewage
disposal shall be located or constructed on any Lot.
15. DITCHES AND SWALES. All Owners, including builders, shall keep unobstructed and in good
maintenance and repair all open storm water drainage ditches and swales which may be located on their
respective Lots. All sump pump discharges shall be connected to a subsurface drain, storm sewer or lake.
No filling, regrading, piping, rerouting or other alteration of any open ditch or swale may be made without
the express written consent of the Architectural Review Committee, and subject to the approval of the
appropriate governmental entity.
16. GARAGESIDRIVEW A YS. Each driveway in the Subdivision shall be of concrete material.
17. ANTENNA AND SATELLITE DISHES. No outside antennas shall be permitted in the Subdivision.
Outdoor satellite dishes shall be permitted in the Subdivision; provided, however, that the (i) the diameter
of the satellite dish shall be no more than twenty four inches ("24"), (ii) only one (1) satellite dish shall be
permitted on each Lot, and (iii) the Architectural Review Committee shall have first determined that the
satellite dish is appropriately placed and properly screened in order to preserve property values and
maintain a harmonious and compatible relationship among the houses in the Subdivision.
18. AWNINGS. With the exception of the model home, until which time the subdivision is sold out, no metal,
fiberglass, canvas or similar type material awnings or patio covers shall be permitted in the Subdivision.
19. FENCING. No fence shall be erected on or along any Lot line, nor on any Lot, the purposes or result of
which will be to obstruct reasonable vision, light or air. All fences shall be kept in good repair and erected
so as to enclose the property and decorate the same without unreasonable hindrance or obstruction to any
other property. Any fencing permitted to be used in the Subdivision must be or
and shall not be higher than six (6) feet. No fencing shall extend into a yard,
fronting onto a street, closer to the street than the front comer of the residence. All fencing style, color,
location and height shall be generally consistent within the Subdivision and shall be subject to prior written
approval of the Architectural Review Committee. Fences are allowed in easements but are erected at
owner's risk as such fences may be partially or completely tom down by others if they interfere with the
installation, operation, and/or maintenance of the facilities for which the easement has been reserved.
20. SWIMMING POOLS. SPORTS COURT AND PLAY EQUIPMENT. No above-ground swimming
pools shall be permitted in the Subdivision. No hard surfaced sports courts of any kind shall be permitted
on any Lot except as approved by the Architectural Review Committee. No metal outdoor play equipment
shall be permitted in the Subdivision.
21. SOLAR PANELS. No solar heat panels shall be permitted on roofs of any structures in the Subdivision.
22. OUTSIDE LIGHTING. Except as otherwise approved by the Developer, all outside lighting contained in,
or with respect to, the Subdivision shall be of an ornamental nature compatible with the architecture within
the Subdivision and shall provide for projection of light so as not to create a glare, distraction or nuisance to
any Owner or other property owners in the vicinity ot; or adjacent to, the Subdivision. All homes shall have
uniform "dusk to dawn" front yard lights and/or coach lights attached to the house.
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23. SITE OBSTRUCTIONS. No fence, wall, hedge or shrub planting, which obstructs sight lines at
elevations between two (2) and six (6) feet above the street, shall be placed or permitted to remain on any
comer lot within the triangular area formed by the street property lines and a line connecting points twenty-
five (25) feet from the intersection of said street lines, or in the case of a rounded property comer, from the
intersection of the street lines extended. The same sight-line limitations shall apply to any Lot within ten
(10) feet from the intersection 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 a sufficient height to prevent obstruction of such sight lines.
24. VIOLATION. Violation, or threatened violation, of these covenants and restrictions shall be grounds for
an action by the Developer, the Association or any person or entity having any right, title or interest in the
Real Estate, and all persons or entities claiming under them, against the person or entity violating or
threatening to violate any such covenants or restrictions. Available relief in any such action shall include
recovery of damages for such violation, injunctive relief against any such violation or threatened violation,
declaratory relief and the recovery of costs and attorneys reasonable fees incurred by any party successfully
enforcing these covenants and restrictions; provided, however, that neither the Developer nor the
Association shall be liable for damages of any kind, to any person, for failing to enforce such covenants or
restrictions.
25. AMENDMENT. These covenants and restrictions may be amended at any time by a vote of no less than
sixty-seven percent (67%) of the Lots in all Subdivisions which are now or hereafter made subject to and
annexed to the Declaration; provided, however, that until all of the Lots in the Subdivision have been sold
by Developer, any such amendment shall require the prior written approval of Developer. Each such
amendment shall be evidenced by a written instrument, which instrument shall set forth facts sufficient to
indicate compliance with this paragraph and shall be recorded in the Office of the Recorder of Hamilton
County, Indiana. No amendment which adversely affects the rights of a public utility shall be effective,
with respect to such public utility, without its written consent thereto. No amendment, which is contrary to a
zoning commitment, shall be effective without the written approval of theappropriate zoning authority.
26. TERM. The foregoing plat covenants and restrictions, as the same may be amended from time to time,
shall run with the land and shall be binding upon all persons or entities, from time to time, having any right,
title or interest in the Real Estate and on all persons or entities claiming under them, until December 31,
2027, and thereafter, they shall continue automatically in effect unless terminated by a vote of a majority of
the then Owners of the Lots in the Subdivision; provided, however, that no termination of these covenants
and restrictions shall affect any easement hereby created and reserved unless all persons entitled to the
beneficial use of such easement shall have comented thereto in writing.
27. SEVERABILITY. Invalidation of any of the foregoing covenants or restrictions by judgment or court
order shall in no way affect any of the other covenants and restrictions, which shall remain in full force and
effect.
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IN WITNESS WHEREOF, the undersigned Developer, as the owner of the Real Estate, has hereunto
caused its name to be subscribed this _ day of ,2007.
RDJ Land Development, LLC, an Indiana
Limited Liability Company
By:
Christopher R. White, Member
STATE OF INDIANA
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COUNTY OF MARION
Before me, a Notary Public in and for the State of Indiana, personally appeared Christopher R. White, as a
member of RDJ Land Development, LLC, an Indiana Limited Liability Company, and acknowledged the execution
of this instrument as his voluntary act and deed as such officer, on behalf of such company, for the uses and purposes
hereinabove set forth.
Witness my signature and Notary Seal this _ day of
,2007.
Notary Public
Printed
My commission expires:
I am a resident of
County, Indiana.
This instrument was prepared by Christopher R. White, 15658 Bridgewater Club Blvd, Carmel, IN 46033
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