HomeMy WebLinkAboutPacket 11-19-02
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The Villas at Sweet Charity farm
Primary Plat
November 19, 2002
Prepared for
Plan Commission
City of Carmel
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Developer:
Justus Home Builders, Inc.
1398 N. Shadeland Avenue
Indianapolis, Indiana 46201
(317) 353-8311
fax (317) 352-1570
Prepared by:
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Engineers, Surveyors. Planners
Environmental Scientists
6994 HiIIsdale Court
Indianapolis, Indiana 46250
Tel: (317) 913-6930
Fax: (317) 913-6928
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The Villas at Sweet Charity Farms
Index
1. Project Summary
2. Site Location and Aerial/Site Photos
3. Conceptual Site Plan and Primary Plat
4. Open Space Schedule and Calculations
5. Entrance Landscaping Walls and Details
6. Primary Plat Application
7. Utility Summary
8. Construction Sequence Summary
9. Homeowner's Association Budget
10. Commitments Concerning the Use of/and Development of Real Estate
11. Proposed Homes - Justus Home Builders, Inc.
12. Finding of Facts Form for Primary Plat Consideration
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Proiect Location:
Site Data:
Zoning:
Open Space:
Proposed Amenities:
The Villas at Sweet Charity Farms
1. Project Summary
.26 miles west of the intersection of 14151 Street and Towne Road on
the south side of 14151 Street.
38.012 acres
54 lots
1.42 units/acre
S-1 Residential Estate / ROSa Qualifying Subdivision
Lot Size: 80' x 120'
Front Yard: 25'
Side Yard: 5'
Proposed Floor Area: 1,500 s.f. minimum
Base Density - 1.0
Base Open Space - 15% = 5.70 acres
Open Space Provided - 43% = 16.344 acres
Allowable Density -1.42
Landscaped Entrance Walls
Landscaped Common Areas
Gazebo
Ponds in Common Areas
Six Foot Wide Walking Paths
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The Villas at Sweet Charity Farms
2. Site Location and Aerial/Site Photos
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Location Map
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The Villas at Sweet Charity Farms
3. Conceptual Site Plan and Primary Plat
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PREUM1NARV PLAN FOR:
THE VILLAS AT
SWEET CHARITY FARM
SrrESTAnsncs:
16.125 ACRl$
5.M3 ACRES
1$.341. ACRES
39.012 ACRES
LolAreIIS
R/ghf-or.w.ys
CDmmonAr4fllJ
PROJECT ARE4
Zoning: $-' R~sld(Jnflal Est"""
DfuiumJd Optln SPllctI: GfflMlS, P/iths
Lot Size, 80' width x 120' dqplh typo
NtJlTlblJr of Lots: 54
Open SpAC4: 4);';'
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PREPAREO FOR.
Justus Home Builders, Inc.
1398 N. Shadeland Ave.
Indianapolis, IN 46219
PREPARED BY:
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f.\',,"'s, MEfHW,I,RT. HAMBI.r.mN.l TIUON,I"'r.
CONSULTING E~OISEEJl.S Ar. SURYEY01~
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LOCATION MAP
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SOILS MAP
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TYPICAl. STREET SECl10N
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PRIMARY PLA T
FOR
THE VILLAS A T SWEET CHARITY FARA(1
141stSTREETAND TOWNE ROAD 1
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PROJECT DATA
Seclilm:21 TownshiJf18 RAnge:3.
Cou1lty: HAIotILTON T......hip: CLAY
LocaIiIm: 0.26 miles East of 141st Street and Towne Rood.
Project Title:
Project A"",
1IEsilIenliaL UJIs:
lJ>t A"",
Right-oJ- Jall
Common A"'"
Project Dmsily:
THE VILlAS AT SWEET CHARITY FARM
38.012
54
16.12 Acres
5.54 Acres
16.35 Acres
1.42 Lots per Acre
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Designa Open Spat:t:
lJ>ISize:
$-1 Residential Estates
Greens,' Paths
SO' width . 120' depthtyp.
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'.'st street Fnml4ge:
141st Street Pbsla1 Speet:
/nJem4l Street /.engUls:
/nJem4l Design Speet:
1268 LF
45 mph
J030 LF - 0.57 miles
25 mph
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SHEET INDEX
SHT No.
1
2
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DESCRIPTION
COVER SHEET
PRIMARY PLAT
OPEN SPACE PLAN
LANDSCAPE PLAN
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JOB NO.
2002-1226
DAlE:
09-20-2002
SCALe:
N.T.5o
SHEET No.
t of 4
LEGAL DESCRIPTION
SItuoted In tho Slot. .f Indiana. Coun1y of -. conIoInIng la.oO 00'" 01
land. more or .... said 18.00 oem Mint kK:atM In the East Half of the
_ Ouarl... of Soc:fion 21 Township 18 IIorlh, Rango 5 Eas! being .....
porl1culorty bounded one! __ as 1_
Commoncing oflho _ ___ oflho _ _ of _ Soc6on
21, thenew North 89'59'18" ..... . _.... .f 748.82 foe! otong Iho _ 6...
of sald Soutbwat Quarter to the Polnt of BegInnIng: ttwa. fram IQId PoInt of
Bogimling. SouItl 00'15'06" ..... paralIoI to th. _ 6... of Iho Eas! 1/2 of
_ _ OuorIw, . __ of 1315.94 fool to 0 rwbor; _ North
89'59'38" wat, 0 __ of 595.85 '001 to 0 rwbor on tho Wat IIno .f soicI
Eos! 1/2; _ North 00'15'06" East oIong _ Waf IIno 0 dlsIonco of
1515.99 1001 to tho _ Com..- of tho Eosl 1/2 of ooId _
QucwIwr, _ SouItl 89"5"18" East oIong IIlo North IIno of _ _
_ . dIsto.... of 595.85 1001 to Iho PoInl of IlogInnIng ond contoInIng
18.00 cxza of Iond. men or less.
T..,......._
Situated 1n .... State of indiana., County of HamIlton. containing 20.012 aera of
Iond, ...... ., ..... _ 20.012 ocns being IocoIwd In tho __ Quo"'" of
lho SouItl_ Quo"'" of 5odion 21 TownwIIIp 18 North, R_ 5 East bolog
..... porl1culor1r bounctod and dacrIbod as 1_
ComlllOftCing 01 Iho _ _ of "'" Soulh_ Ouortor of soOl 5odion
21, tho.... South 1I!l'5,'18" East. 0 clIsl..... of 672.r>l 1001 otong Iho _ I1nw
of so;d SouItl_ 0u0rI., to tho Point .1 Bogimll"ll, soOl poInI .,.., North
89"59'18- west a cflStance af 672,00 fNt tram .... tiortheast COITIIr of the
__ Quort..- .1 sold _ Quorter: _ continuing SouItl 89'59"8"
Eosf otong sold _ IIno 0 dIstonco of 672.00 'at t. tho _ __ of
"'" _.... _ of _ _ _ Ihonco Soulh 00'15'16" West
.....0 tho wosf IIno of soOl _ 0u0rIw of tho SouI_ _ .
dlsfance af 1297,23 fNt: thence North 89"59'18- west paranel 10 sold north Bne
of tho Soulhw... 0u0rI... 0 dIstancw 01 672.00 1001; _ _ 00'15'06" East
po",'Io' to Iho wosf IIno .1 soicI _ Quo_ of tho SouIhwat Ouortor 0
crowl..... .1 1297.23 1001 to th. Point ., Iloginoing one! contouu"ll 20.012 ocrws
01 land. more Of IaI.
Subjoct, ""-, to on '-I rlglds-ol.....,. _/., ............ If any, of
prnious record.
The sourea ot recordec:I ........, doto 0f'II the rwcords of tht Hamltton County.
tncrtGna. R.corder. referenced in the 1cngoing description.
NOTE:
A SOIL EROSION CONTROL PLAN WILL BE PREPARED
TO MEET RULE 5 AND SUBMITTED AS PART OF THE
CONSTRUCTION PLANS.
PREPARED FOR:
Ju8lu8 Home EUders. tIC.
1398 N. ShadeIand Ave.
ilcianapaie, ,. 46219
(317) 353-83l1
CONTACT:..... Wall Ju8lu8
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Land Analysis 0 Planning 0 Site Design
3525 East 75th. Place -Indianapolis, IN 462.0
317-842.2655 .
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JOB NO.
2002-1223
DATE:
09-20-2002
SCALE:
1" = 60'
SHEET No
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4. Open Space Schedule and Calculations
There will not be any Open Space Priority Conservation Areas within this development. All
open spaces shown on this plat will be placed in areas, which have been used as farmland.
These areas will not require any special protection during construction, but will be graded,
seeded and landscaped with mounds, trees, shrubs, etc. upon completion of all other
improvements within each section. These open spaces will be designated as Common Areas A
through D for passive, as well as active recreational uses. A pedestrian trail will be constructed
through the development linking the common areas, providing access as shown on the plat. A
gazebo will be constructed in Common Area D for a focal point and gathering place for the
residents of this development. All common areas will be jointly owned by a Home Owner's
Association and will be maintained by a professional management company.
Site (In acres) 38.012
Base Density = 1.0
Open Space in Plat = 43% 16.344 acres
Standard Open Space = 15%
Developable Land = 38.012 acres
Permitted Density = 1.42 units per acre
Number of Lots Allowed = 54
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CITY OF CARMEL & CLAY rOv. 'NSHlP SUBDIVISION CONTROL ORDINANCE
EXHIBIT A.
OPEN SPACE SCHEDULE
SUBDIVISION NAME: The ViII a sat 5 wee t C h a r i t y Far m
1. SITE ACREAGE 38.012 acres
2. ZONE DISTRICT 5-1 Residential Estate
3. MINIMUM OPEN SPACE REQUIREMENT (SOSR) 1~/5. 70. _dcres
4. OPEN SPACE PROVIDED (OSP) 4.l.2LJ16 . 34 Lacres
5. PRIMARY CONSERVATION AREAS N/ A
0 Well-head Protection Area
0 FEMA/IDNR 100 year Flood Fringe
0 White River Corridor
0 Steep slopes (10%)
0 Mature Woodland
0 Special Opportunity Corridor (identify)
0 Other
o FEMAlIDNR 100 year Floodway
o Wetlands (> 1/4 ac.)
o Scrub Woodland
o Young Woodland
o Historic Structures/Sites
6. NATURAL OPEN SPACE PROVIDED 0% /0 acres
7. AGRICULTURAL OPEN SPACE ~/O acres
8. DESIGNED OPEN SPACE ~/1h , Ll Acres
0 Square 0 Parks ~ Green
0 Boulevard 0 Greenbelt ~ Paths
0 Trails 0 Golf Courses 0 Pond (see below)
0 Other
9. CONSERVANCY LOTS N I A
no. lots
acres
10. PONDS total measured perimeter (in linear feet) 2864 1.f.
total measured accessible perimeter (not bounded) 286 41.f. 1 00 %
Open Space Standards For Major Subdivisions
7.12
as amended per Z-346
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5. Entrance Landscaping Walls and Details
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6. Primary Plat Application
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APPLICATION FOR
PRIN1ARY PLAT (ORREPLAT)
Fee: $700.00 plus $35.00 per lot ($560.00)
DATE:
DOCKET NO.
The undersigned agrees that any construction, reconstructton, 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,
Ptlblic Law 178 Sec. 1, et seq, General Assembly of the State of Indiana, and all Acts
amendatory thereto.
Name of Applicant: Justus Home Builders Inc.
Phone No. 317 -353-8311
Address of Applicant: 1398 N. Shade 1 and A v e ., I nd i an ap 0 1 is, IN 46219
Name of Owner: John and Janice Brown
Phone No. 317-848-1202
Name of Subdivision: . Th F>V i 11 ~ c:: -. l'!r - C::IME'""t C' h ~ r it:,' i:" iHr:I
Legal Description: (To be typewritten on separate sheet and attached)
Area (In acres): 34: 51: R ("'. Number of Lots:
to be dedicated to public use: . '57 m j 1 e s
Length (In miles) of new streets
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Surveyor certifying plat: Mr. Bruce Haaen of EMH&T r Inc.
Address: 6994 Hills dale ct., Tnri ~ 1 c:;., TN
Phone No. ~17-91~_~q~O
********************************~********************~.************************ STATE 0 FIN DIANA,
COUNTY OF MAtZ.IOIJ. ~ SS: .
The undersigned having been duly sworn, upon oath says that the above information
is true and correct as he or she is informed d b lieves.
~
SIGNATURE OF APPLICANT:
.j l~ S. \\>,s
Subscribed and sworn to before me this \ Clt
~8~
My Commission Expires: ~ ~
, *, SEAL '*
*****_***w*********************..**********************************-***.****** / . :
\.~<fIDJ U'l'i'-.f'
5.1.10 Aoolication for Primary Plat. Two (2) copies, or more if n~s.f)", 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 bY applicant.
FEE: Received by:
s: \planco m m \applictn. pc\prlm pI a t.apx
LYNN R. RIGNEY
COUNTY Of' RESIDENCE: HAMltTON'
MY COMMISSION EXPIRES: JUNE 21. 200~
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Legal Description
For
The Villas at Sweet Charity Farm
Situated in the State of .Indiana, County of Hamilton, containing 18.00 acres of land, more or less,
said 18.00 acres being located in the East Half of the Southwest Quarter of Section 21 Township
18 North, Range 3 East being more particularly bounded and described as follows:
Commencing at the Northeast corner of the Southwest Quarter of said Section 21, thence North
89059'18" West, a distance of 748.82 feet along the north line of said Southwest Quarter to the
Point of Beginning; thence, from said Point of Beginning, South 00015'06" West, parallel to the
west line of the East 'Y2 of said Southwest Quarter, a distance of 1315.94 feet to a rebar; thence
North 89059'38" West, a distance of 595.85 feet to a rebar on the West line of said East 'Y2; thence
North 00015'06" East along said' West line a distance of 1315.99 feet to the Northwest Corner of
the East 'Y2 of said Southwest Quarter; thence South 89059'18" East along the North line of said
Southwest Quarter a distance of 595.85 feet to the Point of Beginning and containing 18.00 acres
of land, more or less.
Together with:
Situated in the State of Indiana, County of Hamilton, containing 20.012 acres of land, more or less,
said 20.012 acres being located in the Northwest Quarter of the Southwest Quarter of Section 21
Township 18 North, Range 3 East being more particularly bounded and described as follows:
Commencing at the Northwest corner of the Southwest Quarter of said Section 21, thence South
89059'18" 'East, a distance of 672.67 feet along the north line of said Southwest Quarter to the
Point of Beginning, said point lying North 89059'18" West a distance of 672.00 feet from the
Northeast corner of the Northwest Quarter of said Southwest Quarter; thence continuing South
89059'18" East along said north line a distance of 672.00 feet to the Northeast corner of the
Northwest Quarter of said Southwest Quarter; thence South 00015'16" West along the east line of
said Northwest Quarter of the Southwest Quarter a distance of 1297.23 feet; thence North
89059'18" West parallel to said north line of the Southwest Quarter a distance of 672.00 feet;
thence North 00015'06" East parallel to the east line of said Northwest Quarter of the Southwest
Quarter a distance of 1297.23 feet to the Point of Beginning and containing 20.012 acres of land,
more or less.
Subject, however, to all legal rights-of-ways and/or easements, if any, of previous record.
The sources of recorded survey data are the records of the Hamilton County, Indiana, Recorder,
referenced in the foregoing description.
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The Villas at Sweet Charity Farms
7. Utility Summary
Water System:
. Water service will be provided by the City of Carmel. The onsite public water main system will
connect to the existing main on the north side of 141 st Street. The City will determine the exact
route and size.
Sanitary Sewer System:
Clay Township Regional Waste District (CTRWD) will provide sanitary sewer service. The
proposed system will connect to the existing sewer system serving Saddle Creek Section 10.
Storm DrainaQe' Svstem:
The pre-developed drainage follows a southerly pattern across this site to the Almond Drain.
Post-developed conditions will follow that same path through a series of swales and pipes
directing storm water to the retention ponds located along the existing legal drain
Electric:
Electric service will be provided by Cinergy. The development will be served by existing power
service within the area of the subject site along 141 st Street.
Telephone:
Ameritech will provide telephone service for the site. The development will be serviced by
existing telephone facilities along 141st Street.
Natural Gas:
Natural gas service will be provided byVectren.
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The Villas at Sweet Charity Farms
8. Construction Sequence Summary
This project will be built in one (1) section. Construction will begin at West 1415t Street and
develop southerly. The entrance, pond, gazebo, and common areas will be included in Section
1. Streets, utilities and all infrastructure will be built as the section develops, including any off-
site improvements that are required.
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9. Homeowners Association Budget
The maintenance of the common areas will be funded by dues collected by the Homeowners
Association and managed by a professional management company. These duties include
obtaining a staff to perform the maintenance, obtaining necessary insurance, preparing a
budget, and preparing a maintenance schedule.
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The Villas at Sweet Charity Farms
10. Commitments Concerning the Use of Development of Real Estate
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PLAT COVENANTS AND RESTRlCTIONS
THEVlLL.\S AT SWEET CHARITY FARM SECTION ONE
The undersigned, Justus Home Builders Inc., an Indiana Corporation (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 subdhiding the Real Estate as sho\\ll on the plat for The Villas at Sweet Charity Faim
Section One, which is filed of record simultaneously here\\ith in the office of the Recorder of Hamilton County,
Indiana (the "Plat") and desires in the Plat to subject the Real Estate to the pro\isions of these Plat Covenants and
Restrictions. The subdhision created by the Plat (the "Subdhision") is to be knO\\ll arid designated as "The Villas
at Sweet Charit" Fann Section One". In addition to the covenants and restrictions hereinafter set forth, the Real
Estate is arso subject to those covenants and restrictions contained in the Declaration of Covenants, Conditions and
Restrictions of The Villas at Sweet Charity Farm, dated , 2003 and recorded on
, 2003 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 pro\ided (the "Declaration"),
and to the rights, powers, duties and obligations of The Villas at Sweet Charity Farm 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 eX1ent possible, Capitalized terms used herein shall have the same
meaning as given in the Declaration.
In ordeno provide adequate protection to all present and future O\\llers of Lots or Residence Units in the
Subdivision, the follo\\ing covenants and restrictions, in addition to those set forth in the Declaration, are hereby
imposed upon the Real Estate:
1. PUBLIC RIGHT OF WAY. The rights-of-way of the streets as sho\\ll 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. COMM:ON 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 O\\ller for the use and enjoyment of
the Common Areas, subject to the conditions and restrictions contained in the Declaration. Common
Areas are created as conservation easements and shall not be used for residential home construction.
3. . UTILITY. DRAINAGE .A..ND SANTI ARY SEWER EASEMENTS. There are areas of ground on the Plat
marked "Utility Easements, Drainage Easements and Sanitary Sewer 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),govenunental agencies and the Association for
access to and installation, maintenance, repair or removal of poles, mains, ducts, drains, lines, \\ires,
cables and other equipment and facilities for the furnishing of utility senices, including cable tele\ision
senices. The Drainage Easements are hereby created and resen'ed 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 Hamilton County Drainage
Board for access to and maintenance, repair and replacement of such drainage system. The O\.mer of any
Lot in theSubdhision subject toa 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
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. be unimpeded and will not be changed or altered \\;ithout a permit from the Drainage Board. and prior
written approval of the Developer or the Association. The Sanitary Sewer Easements are hereby created
and reserved for the use of the Clay Waste District 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, DraiIlage Easements and
Sanitary Sewer Easement 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 ex1ent 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 ormaintained uPon said easements.. . . ' ,
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4.
LANDSCAPE EASEMENTS. There are areas .of ground on the Plat marked "Landscape Easements".
Such Landscape Easements are hereby 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, waU<ways, patios and fences, sh3.II be erected or maintained' upon said Landscape Easements.. The
landscape easements shall also pro\ide for access for the public to utilize the asphalt walking path located -
\\ithin the common area for access through the common areas to adjoining properties. Access to the public
shall be limited to the asphalt path only. '
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5.
REGULATED DRAINAGE EASEMENTS. There are areas of ground on the Plat marked "Regulated
Drainage Easements". Such Regulated Drainage Easements are hereby created and reserved: (i) for the .
use of Developer during the Development Period for access to and installation, repair or removal of a .
drainage system, either by surface drainage or appropriate undergro.und installations, for the Real Estate
and adjoining property and (ii) the use of the Association, the Hamilton.County Drainage Board for access
to and maintenance, repair and replacement of such drainage system. The O\;ner" cif any Lot in the
Subdivision subject to a Regulated Drainage Easement, including any builder, shall be required to keep
the portion of said Regulated Drainage Easement on his Lot free from obstructions so that the storm water
drainage \\''ill be unimpeded and \\''ill not be changed or altered \\i.thout a permit from the Hamilton
County Drainage Board and prior written approval of the Developer or the Association.
6.
BUILDING LoeA nON - FRONT. BACK AND SIDE YARD REOUIREMENTS. BUilding setback lines
are established on the Plat. No building shall be erected or maintained between said setback lines and the
front, rear or side lot line (as the ca,se may be) of a Let The minimum front yard set back shall be as
designated 'ori the Plat. The minimum rear yard setback shall be twenty (20) feet. The minimum side
yard setback shall be Five (5) feet \\i.th an aggregate of ten (10) feet between buildings.
7.
RESIDENTIAL UNIT SIZE AND OTHER REOtJIREMENTS. No one story Residence Unit constructed
on a Let shall have less than Fifteen Hundred (1500) square feet of total living area, exclusive of garages,
carports and open porches. Any building higher than one story shall have a minimum of One Thousand
Five Hundred (1500) square feet oftotallhing area. Each residence shall include an attachedtwo-car (or
larger) enclosed garage. The maximum height of any Residence Unit constructed on a Lot shall be thi~-
five (35) feet.
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8.
RESIDENTI..<\L 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 pro\''isions of the applicable zoning ordinance. No building shall be
erected, placed or permitted to remain on any Let other than one detached single-family. residence and
permanently attached residential accessory buildings. Any garage, tool shed, storage building or any
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other attached building erected or used as an accessory building to a residence shall be of a permanent
t)-pe of construction and shall conform to the general architecture and appearance of such residence.
9. ACCESSORY ANTI TEMPORARY BtJILDINGS. 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 ofa 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.
. 10. TEMPORARY RESIDENCE. No trailer, camper, motor home, truck, shack, tent, boat, recreational
vehicle, basement or garage may be used at any time asa residence, temporary or permanent; nor may any
other structure of a temporary character be used as a residence. .
11. NUIS.A.NCES, No domestic animals raised for commercial purposes and no farm animals or fowl shallbe
kept or permitted on any Lot. No noxious, unla"ful or othernise offensive acti,ity shall be carried out on
any Lot, nor shall an)1hing be done thereon which may be or may become a serious annoyance or nui-
sance to the neighborhood.
12. VEmCLE PARKING. No camper, motor home, truck (over 3/4 ton load capacity), trailer, boat, personal
\\'atercraft, sno\\11lobile or other recreational vehicle of an)' kind may be stored on any Lot in open public
,iew. No vehicles of any kind may be put upon 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 ,iew.
13. SIGNS. No sign of any kind shall be displayed to the public \iew OI}. any Lot, except that one sign of not
more than six (6) square feet may be displayed at anytime for the purpose of advertising a Residential
Unit for sale, and except that Developer and its affiliates and designees may use larger signs during the
sale and development of the Subdi,ision~ .
14. MAll..BOXES. All mailboxes and replacement mailboxes shall be uniform and shall conform to the
standards set forth by the Architectural Re,iew Committee.
15. GARBAGE A..'II,;TD REFUSE DISPOSAL. Trash and refuse disposal \\ill be on an indhidual basis, lot by
lot. The community shall not contain dumpsters or other forms of general or common trash accumulation
except to facilitate development and house construction. No Lot shall be used or maintained as a dumping
ground for trash. Rubbish, garbage and other waste shall be kept in sanitary containers. All equipment for
storage or disposal of such materials shall be kept clean and shall not be stored on any Lot in open public
,iew. No rubbish, garbage or other waste shall be allowed to accumulate on any Lot. No horneo\\ner or
occupant of a Lot shall burn or bury any garbage or refuse. All garbage, trash cans and receptacles and
woodpiles shall be screened.
16. STOR>\GE T A}'''KS. No gas, oil or other storage tanks shall be installed on any Lot.
17. 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.
18. DITCHES A..l"ID SWALES. All O\\ners, 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, stonn sewer or lake.
No drains shall be discharged directly to the ground surface. No filling, regrading, piping, rerouting or
other alteration of any open ditch or swale may be made \\ithout the express written consent of the
. Architectural Re\iew Committee, and subject to the approval of the appropriate governmental entity.
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19.
GA.RAGES/DRIVEW A YS. Each driveway in the Subdivision shall be of concrete material.
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20.
ANTENNA AND SA TELUTE DISHES. No outside. antennas shall be pennitted in the Subdhision..
Outdoor .satellite dishes shallbe perrititted in the Subdivision; provided, howeVer, thatthe (i) the diameter
of the satellite dish shall be no more than rn'enty-four inches ("24"), (ii) only one (1 ) satellite dish shall be
permitted.on each Lot; and (iii) the Architectural Review Committee shall have first detemUned 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.
21.
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AWNINGS.. No metal, fiberglass, canvas or similar type material awnings ,or patio covers shall be
permitted ih the Subdivision.
22.
FENCING. No fence shall be erected on or along any 1.<>t line, noron any Lot, the purposes or result of
which \viU 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 \\ithout unreasonable hindrance or obstruction
to any other property. Any fencing permitted to be used in the Subdhision must be wood shadowbox,
\inyl coated chain link or pvcand 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 subjectto 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 torn down by others if they interfere with the
installation, operation, andlor maintenance of the facilities for which the easement has been reserved.
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SWIMMING POOLS. SPORTS COURT A}.."D PLAY EOUIPMENT. No above-ground swimming pools
shall. be permitted in the Subdi\ision. No hard surfaced sports courts of any kind shall be permitted on .
any Lot except as approved by the Architectural Review Committee. No metaloutdoorplayequipment
shall be permitted in the Subdi\ision. .
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SOLAA PANELS. No solar heat panels shall be permitted on roofs of any structures in the Subdivision.
All such panels shall be enclosed within fence~ areas and shall be concealed from the view of neighboring
Lots, conunon areas and the streets. '
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OUTSIDE LIGHTING. Except as othernise approved by the Developer, all outside lighting contained in
or with respect to the Subdivision shall be of an ornamental nature compatible \\ith the architecture \\ithin
the Subdivision and shall pro\ide for projection of light so as not to create a glare, distraction or nuisance
to any Chmer or other property owners in the \icinityof or adjacent to the Subdivision. All homes shall
have uniform "dusk to dawn" front yard lights andlor coach lights attached to the house.
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
\\ithin 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 ex1ended. No tree shall be permitted to remain within such distances of
such intersections unless the foliage line is maintained ata sufficient height to prevent obstruction .ofsuch
sight lines.
v10LA TION. Violation or threatened violation of these covenants and restrictions shallbe 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
threateningto\iolate any such covenants or restrictions. Available relief in any such action shallinclude
recovery of damages for such \iolation, injunctive relief against any such \iolation or threatened \iolation,
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
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Association shall be liable for damages of any kind to any person for failing to enforce such covenants or
restrictions.
28. . A.\1E}''DMENT. These covenants and restrictions may be amended at any time by a vote of no less than
seventy-five percent (i5%) of the Lots in all Subdivisions which are now or hereafter made subjectto and
arinexed 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 "Titten 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 Recorderof Hamilton
County, Indiana. No amendment which adversely affects the rights of a public utility shall be effective
"ith respect to such public utility "ithout its "Titten consent thereto. No amendment, which is contrary to
a zoning commitment, shall be effective "ithout the "Titten approval of the affected adjacent homeowners
associations designated by the City of Cannel.
29. TERM. The foregoing plat covenants and restrictions, as the same may be amended from time to time,
shall run "ith the land and shall be binding upon all persons or entities from time to time haying any
right, title or interest in the Real Estate and on all persons or entities claiming under them, until Decem-
ber 31, 2030, and thereafter they shall continue automatically in effect unless tenninated 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 consented thereto in writing.
30.. 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.
IN \VITNESS WHEREOF, the undersigned Developer, as the o\mer of the Real Estate, has hereunto
caused its name to be subscribed this _ day of , 2003.
Justus Home Builders Inc., an Indiana Corporation
By:
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Witness my signature and Notarial Seal this ----.,.. day of
,2003.
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STATE OF INDIANA
COUNTY OF MARION
SS:
. Before me, a Nota,r)' Public in and for the State of Indiana, personally appeared , the
of Justus Home Builders Inc., an Indiana Corporation, and acknowledged the execution of this
instrument as his voluntary act' and deed as such officer' on behalf of such corporation' for the uses and purposes
hereinabo\'e set forth. .
. Notary Public
Printed
My commission e"-'Pires:
I am a resident of
County, Indiana.
This instrument was prepared byChrlstopher R. White, 510 Fox Lane, Carmel, IN 46032
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DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
OF
THE VILLAS AT S\VEET CHARITY FARl\'l
TInS DECLARATION ("Declaration") is made this _ day of
Builders Inc., an Indiana Corporation ("Developer").
, 2002 by Justus Home
Recitals
1. Developer is the O\\'Iler of the real estate which is described in Exhibit "A" attached hereto and made a
part hereof (the "Initial Real Estate"); .
2. Developer intends to subdhide the Initial Real Estate into residential lots.
3. Before subdhidirig the Initial Real Estate, Developer desires to subject the Initial Real Estate to certain
covenants, conditions and restrictions for the purpose of preserving and protecting the value and desirability of the
Initial Real Estate for the benefit of each owner of any part thereof.
4. Developer further desires to create an organization to which shall be assigned the responsibility for
maintaining and administering the conunon areas and certain other areas of the Real Estate and of administering
and enforcing the covenants and restrictions contained in this Declaration and the subdivision plats of the Initial
Real Estate as hereafter recorded in the office of the Recorder of Hamilton County, Indiana and of collecting and
disbursing assessments and chargesas herein pro\ided.
S. Developer may from time to time subject additional real estate located \,ithin the tracts adjacent to the
Initial Real Estate to the pro\;sions of this Declaration (the Initial Real Estate, together "ith any such addition, as
and when the same becomes subject to the pro\isions of this Declaration as herein pro\ided, is hereinafter referred
to as the "Real Estate" or the "Subdhision").
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NOW, THEREFORE,. Developer hereby declares that the Real Estate is and shall be acquired,heid,
tran~ferred, sold, hypothecated, leased, rented, improved, used and occupied subject to the following covenants,
conditions and restrictions, each of which shall run "~ith the land and be binding upon, and inure to the benefit of,
Developer and any.other person or entity hereafter aCquiring or having any right, title or interest in or to the Real..
Estate or any part thereof. .
ARTICLE I
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DJ::FlNITIONS
The follo"Wingtenns, ~'hen used iri this Declaration with initial capital letters, shall have the follo"Wing
. respective meanings:
, 1.1 "Association" means The Villas at Sweet Charity Farm Community Association, Inc., an Indiana
. not-for-profit corporation, which Developer has caused or -will hereafter cause to be incoiporated, and its successors
and assigns.
1.2 "Architectural Review Committee" means the architectural review committee established pursuant to
Paragraph 6.1 of this Declaration. . .
1.3 "Common Areas" means (i) all portions of the Real Estate shown on any Plat ora part of the Real
Estate as a "Common Area" 'or which are othemise not located in Lots and are not dedicated to the public and (ii)
all facilities, structures, buildings, improvements and personal property owned or leased by the Association from
time to time. Common Areas may be located "Within a public right-of-way.
1.4 "Common Expenses" means (i) ex-penses aSsociated with the maintenance, repair or replacement of
. the Common Areas and the perfonnance of the responsibilities and duties of the Association, including without
limitation expenses for the improvement,. maintenance or repair of the improvements, la"Wn, foliage and
landscaping located on a Drainage, Utility or Sanitary Sewer Easement or ort a Landscape Easement to. the extent
the Association deems it necessary to maintain such easement, (ii) ex-penses associated with the maintenance,
repair or continuation of the drainage facilities located within and upon the Drainage, Utility or Sewer Easements;
(iii) all judgments, liens and valid claims against the Association, (iv) all expenses incurred to procure liability,
hazard and any other insurance provided f~r herein and (v) all ex-penses incurred in the administration of the
Association or the perfonnance of the tenns and provisions of this Declaration. .
1.5 "Developer" means Justus Horne Builders Inc., an Indiana Corporation, and any successors or assigns
whom it designates in one or more written recorded instruments to have the rights. of Developer hereunder.
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. 1.6 "Development Period" means the period of time commencing "With the date of recordation of this
Declaration and ending on the date Developer or its affiliates no longer o"Wn any Lot within the Real Estate', but in
no event shall the Development Period extend beyond the date seven (7) years after the date this Declaration is
recorded;
1.7 "Landscape Easements" means those areas of ground so designated on a Plat of any part of the Real
Estate.
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1. 8 "Lot" means any parcel of land sho-wn and identified as a lot on a Plat of any part of the Real Estate.
1.9 "Mortgagee" means the holder of a duly recorded first mortgage lien on ~y ~?-~ ~,r Residence Unit.
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1.10 "Owner" means the record o"'ner, whether one or more persons or entities, offee-simple title to any
Lot, including contract sellers, butexc1udingfor all imrposes those persons or entities ha\ing an interest merely as
security for the performance of an obligation unless specifically indicated to the contrary. The term Ov,ner as used
herein shall include Developer so long as Developer shall own any Lot in the RealEstate.
1.11 "Plat" means a duly approved final plat of any part of the Real Estate as hereafter recorded in the
office of the Recorder of Hamilton County, Indiana.
1.12 "Residence Unit" means any single family home constructed on any part of the Real Estate.
, 1.13 "Utility, Drainage or Sewer Easements" means those areas of ground so designated on a Plat of any
part of the Real Estate.
ARTICLE II
APPLICABllJTY
All Ov,ners, their tenants, guests, invitees and mortgagees, and any other person using or occup)inga Lot
or any otherpart of the Real Estate shall be subject to and shall observe and comply with the applicable covenants,
conditions ,and restrictions set forth in this Declaration and any rules and regulations adopted by the Association as
herein pro\ided" as the same may be amended from time to time.
The O\mer of any Residence Unit (i)by acceptance of a deedconve}ingtitle thereto or the execution of a
contract for the purchase thereof,whether from the Developer or its affiliates or any other builder or an)' other
O\mer of the Residence Unit, or (ii) by the act of occupancy of the Residence Unit, shall conclusively be deemed to
have accepted such deed, executed such contract or undertaken such occupancy subject to the covenants, conditions
and restrictions of this Declaration: By acceptance of a deed, execution of a contract or undertaking of such
occupancy, each Ov,ner covenants, for such Ov,ner, such Ov,ner' sheirs, personal representatives, successors and
assigns, ",ith Developer and the other Ov,ners from time to time, to keep, observe, comply ",ith and perform the
covenants, conditions and restrictions of this Declaration.
ARTICLE III
PROPERTY RIGHTS
3 .1' 0", ners' Easement of Enio\ment of Common Areas. Developer hereby declares, creates and grants a
non-exclusive easement in favor of each Ov,ner for the use and enjo)ment of the Common Areas. Such easement
shall run \\ith and be appurtenant to each Lot and related Residence Unit, subject to the foIlo\\ing pro\isions: '
(i) the right of the Association to charge reasonable admission and other fees for the use of any
recreational facilities situated upon the Common Areas which are in addition to the regular and special
assessments described herein;
(ii). the right of the Association to fine an); O\mer. or make a special assessment against any Lot
in the event a person permitted to use the Common Areas by the Ov,nerof such Lot violates any rules or
regulations of the Association; ,
(iii) the right of the Association to dedicate or transfer all or any pal"t of the Common Areas ,or
grant easements thereinto any public agency, authority or utility for such purposes and subject to such 'conditions
as may'~ set forth in the instrument of dedication or transfer;
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(iv) the easements reserved elsewhere inthis Declaration and in any Plat of any part oftheReal
3.2 Permissive Use. Any Owner may permit his or her family members, guests, tenants Or contract
purchasers who reside in the, Residence Unit to use his or herright of use and enjoYrnent of the ConunonAreas
subject to the terms of this Declaration and any rules and regUlations promulgated by the Association from time to
..' time; . .
3.3 Conveyance of Common Areas. Developer may at anytime arid from time to time convey alLofits
right, title and interest in and to any of the Conunon Areas to the Association by warranty deed, andsuchConunon
Areas so conveyed shall then be the property of the Association; provided, however, that the Common Areas fof
the Initial Real Estate and anyadditionallands added to the scheme of this Declaration; respectively, shall be
conveyed tothe Association on or before the time that the first Lot within the Initial Real Estate or such additional'
. Jand, respectively; as the case may be, is conveyed for residential use.
ARTICLE IV
USE RESTRICTIONS
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. 4.1 Lakes.' .There shall be no mimrning, skating, boating; fishing in or on or other recreational use of
. any lake, pond, creek, ditch or stream on the Real Estate. The Association may promulgate rules and regulations
v.ith respectto the permitted uses, if any, of the lakes or other bodies of water on the Real Estate; '.
.4.2 Use of Common Areas. Subject to section 4.1 above, the Common Areas shall be used only for
. recreational purposes and other purposes pennittedor sanctioned by the Association; .'
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4.3 Lot Access; All Lots shaUbe accessed from the interior streets of the Subdivisio'n. .....
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4.4 Other Use Restrictions Contained in Plat Covenants '. and Restrictions. The Plat Covenants and "
Restrictions relating to the Real Estatecontairi additional restrictions' onthel1se of the. Lots in the Subdh.ision, .'
including, without 'limitation, prohibitions against cOI!l.I1iercial' use, detached accessory bUildings and nuisances;
'restrictions relating to the use of Landscape Easements, and Utility, Drainage and Sewer Easements; and
restrictions relating to temporary structures, vehicle parking, signs, mailboxes, garbage and refuse disposal, storagr
'. tanks, water supply and sewage systems, ditches and swales, driveways, antenna and satellitedishes;av.ni.ngs,
fencing; sv.irnrning pools, solar panels and outside lighting. Such prohibitions and restrictions contained in the
Plat Covenants and Restrictions are hereby incorporated by reference as though fully set forth herein, .
ARTICLE V
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ASSOCIATION
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.5,1 Membership. .Each Ov.nershallautomatically become a member of the Association and shall remain a
member of the Association so long as he or she owns a Lot' .
The Association shall have two(2) classes of membership, as
(i) Class A Members. Class A members shall be all Qv.ners other than Developer (unless Class .'
B membership has'. been converted to Class A membershlp as providediIithe immediately following
subparagraph).. Each Class A member shallbe entitled to one (I) yote per Lot owned. ,
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. . Oi) Class B Member.. The ClassB member shall be the Developer. The Class B member shall be
entitled to three (3) 'votes for each Lot o\\ned by Developer. The Class B membership shall cease and be converted
to Class A membership uponthe Applicable Date (as defined in Section 5.3 below).
5.3. Applicable Date. The term "Applicable Date" shall mean when the total votes outstanding in the
Class A membership is equal to the total votes outstanding in the Class B membership or the expiration of the
. Development Period, whichever shall first occur. .
5.4Multiple or El1titv Owners. Where more than one person or entity constitutes theO\merof aLot, all
such persons or entities. shall. be members of the Association, but the single vote in respect of such Lot shall be
exercised as the persons or entities holding an interest in such Lot determine among themselves. In no event shall.
niorethan one person exercise a.Lot's vote and no Lot's vote shall be split. . .
5.5 Board of Directors. The. members of the Association_shall elect a Board of Directors of the
Association as prescribed by the Association's Articles of Incorporation and By-Laws; The Board of Directors of
.. the Association shall manage the affairs of the Association.
5.6 Professional Management. No contract or agreement for professional management of the Association,
nor any contract between Developer and the Association, shall be for a term in excess of three (3) years. Any such
agreement or contract shall provide for termination by either party ~;th or ";thout cause, ,,;thout any termination
penalty, on written notice as pro\ided therein, but in any event, "ith at least ninety (90) days prior written notice.
5.7 Resoonsibilities of the Association: The responsibilities of the Association shall include, but shall not
be limited to:
(i) Maintenance of the Common Areas including any and all improvements thereon. as the
Association deems necessary or appropriate.
(ii) Installation and replacement of any and all improvements, signs, la\\n, foliage and
landscaping in and upon the Common Areas or Landscape Easements as the Association deems necessary or
appropriate.
(iii) Maintenance, repair and replacement of any entrance streetlight, . any private street signs
and any private streets, which may be sho\\n ouany Plat of a part of the Real Estate as Common Area.
(iv) Replacement. of the drainage system in and upon the Common Areas as the Association
deems necessary or appropriate and the maintenance of any drainage system installed in or upon the Common
Areas by Developer or the Association. Nothing herein shall relieve or replace the obligation of each O\\ner of a
.. Lot subject to a Drainage Easement to keep the portion of the drainage system and Drainage Easement on such Lot
free from obstructions so that the storm water drainage will be unimpeded.
. (v) Maintenance oflake water so as notto create stagnant or polluted waters affecting the health
and welfare of the community.
(vi) Procuring and maintaining for the benefit of the Association, its officers and Board of
Directors and the Owners, the insurance coverage required under this Declaration.
(\ii) Assessment and collection from the Owners and payment of all Common Ex-penses.
(viii) PeIforming or contracting for property or Association management, snow removal,
Common Area maintenance, trash removal or other sen1ces as the Association deems necessary or advisable.
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" (ix) Enforcing the rules arid'tegulations of the Association and the reqwrements of this
Declaration and, any applicable zoning or other recorded covenants, in each case, as the Association deehts
necessary or advisable. '
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, 5.8 Pow~rs of the Association. The A.ssociatiori may adopt, amend or rescind reasonable rules and "
regulations (not inconsistent with the provisions of this Declaration) governing the use and enjoyment of the
Conurion Ateasarid the management and admirustration of the Association, in each case as the Association deems
necessaryorad\'isabIe. The rules and regulations promulgated by the Association may pro\ide forreasona~le'
interest and late charges on past due installments of any regular orspecial assessments or otherchargesor fines
against any crnneror Lot. The Association shall.fumishor make copies available of its ru,Ies and regulations to the
cm'Iiers prior to the time when the rilles and regulations become effective. ' ",
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" ,5.1()Non-Liabilitvof Directors and Officers~ The director$ and officers of the Association shall not be
Iiableto theO\mers or any other persons for any error or mistake' of judgment in carrying out their duties and
responsibilities as 'directors or officers of the Association, except for their 0\\..0 individual willful misconduct or
grosqlegligence. It is intended that the directors and officers of the Association shall have no personal Iiability
, 'With respect to any contract made by them on behalf of the AssociatioIl except in their capacity as,O\mers.
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5.11' Indemnity of Directors and Officers. The Association shall indemnify, hold harmless and defend any
person, his or her heirs, assigx:s.and legal representatives (collectiyelY'the "Indemnitee") made or threatened to be
made a partY to any action, suit or proceeding by reason of the factthat he or she is or was a director or officer of
the Association; against all costs and expenses, including attorneys fees" actually and reasonably, incWTed by, the
,Indemnitee in connection with the defense of such action; suit or proceeding, or in connection with any appeal",
"thereof o,po enfi" orce the indemnity nghts contemplated hereby except in relation to, matters as to which it shall be,
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adjudged in such action, suit or proceeding that such Indemnitee is guilty of gross negligence or willful misconduct '
in the performance of his orher'duties. The Association ~hall also reimburse any such Indemnitee for the '
. reasonable costs of settlement of or for any judgment rendered in any ~uchaction, suitor proceeding, unless it shall
be adjudged in such action, suitor proceeding that such Indemnitee was guilty of gross negligence or ",illful
misconduct In making such findings and notwithstanding the adjudication inany action, suitor proceeding
against an Indemnitee, no ,director or officer shall be considered or deemed to be guilty of or liable for gross
negligence or \\-illful misconduct in the performance of his or her duties where, acting in good faith, such director
of officer relied on the books and records of the Assoc:iatiori or statements or advice made by. or, prepared by any
.', managing agent of the Association or any accountant,attomeY or ,other, person or firm employed or retained by'
'the Association to render advice or service, unlesssuch director or officer had actuaLknowledgeof the falsity Or ,
" incorrectrless thereof; nor shall a director be deemed guilty of grossnegllgenceorwillful misconduct by virtue of .
. the fact that he or she failed or neglected to attend any meetings of the Board of Directors of the Association: The
costs and expenses incurred, by any Indemnitee in defending, any action, , 'sUit 'or proc~edingmay', be . paid by, the
Association in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by "
or on behalf of ,the Indemnitee to repay the'amount paid by ,the Association if 'it shall ,ultimately be determined that
the Indemnitee is not entitled to indemnification or reimbursement as pro\1ded in this section 5.1 L .
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ARTICLE VI
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6.1 Creation. There shall ~,andhereby is, created and established an Architectural Review Committee
to peIform the functions prmided for herein.' At all times during the Development Period, the Architectural
Review Committee shall consist of three (3) members appointed, from time to time, by Developer and who shall be
subject to removal by, Developer at any time \\ ith or \,ithout cause. After the end of the Development Period,the,
.A..rchitectural Review Committee shall bea standing committee of the Association, consisting of three' (3) persons
appointed, from timeto time, by the Board of Directors of the Association. The three persons appointed by the
Board of Directors to the .A..rchitectural Re\iew Committee shall consist of Qv.llers of Lotsbut need not be members '
of the Boardof Directors. The Board of Directors may at any time after the end of the Development Period remove
any member of the A~chitectural Review Committee upon a majority vote' of the members of the Board of
Directors.
6.2 Purposes and Powers of Architectural Review Committee. The.A..rchitectural Re\iew Committee shall
review and approve the design, appearance and 'location of all residences, structures or any other improvements
placed or modifiedby any person on any Lot andthe installation and removal of any trees, bushes, shrubbery and
other landscaping on any Lot, in such a manner as to preserve the value and desirability of the Real Estate and the
harmonious relationship among Residence Units and the natural vegetation and topography.
(i) In General. No residence, building, structure, antenna. walkway, fence, deck, pool, tennis
court, basketball goal, wall, patio or other improvement of any type or kind shall be erected, constructed, placed or
modified, changed or altered on any Lot without the prior ",Tinen approval of the .A..rchitectUral Re\iew Comminee.
Such approval shall be obtained only after ",Tinen application has been made to the Architectural Re..iew
Commineeby the O\\ller of the Lot requesting authorization from the Architectural Re\iew Cornrruttee. Such
written application shall be in the manner and form prescribed from time to time by the Architectural Re\iew
Committee and, in the case of construction or placement of any improvement, shall be accompanied by two (2)
complete. sets of plans and specifications for the proposed improvement. Such plans shall include plot plans
sho\\ing the location of all improvements existing upon the Lot and the location of the improvement proposed to be
constructed or placed upon the Lot, each properly and clearly designated. Such plans and specifications shall set
forth the color and composition of all ex1erior materials proposed to be used and any proposed landscaping,
together \\ith any other. material or information which the Architectural Re\iew Cornmitteemay reasonably
require. Unless otherwise permitted by the Architectural Re\iew Cornrruttee, plot plans shall be prepared by either
a registered land surveyor, engineer or architect. '
(ii) Power of Disapproval. The.Architectural Re\iew Committee may refuse to approve any
application (a "Requested Change") made to it when:
(a) The plans, specifications, dra",ings or other materials submitted are inadequate or
incomplete, or show the Requested Change to be in ,iolation of any of the terms of this
Declaration or the Plat Covenants and Restrictions applicable to any part of the Real Estate;
(b) The design or color scheme of a Requested.Change is not in harmony with the
general surroundings of the Lot or\\-ith the adjacent Residence Units or related improvements; or
, (c) The Requested Change in the opinion of the Architectural Review Committee would
not preserve or enhance the value and desirability of the Real Estate or would othernise be
contrary to the interests, welfare or rights of the Developer or any other O\mer.
(iii) Rules and Re2Ulations. The .A..rchitectural Re\iew Committee, from time to time, may
promulgate, amend or modify additional rules and regulations or building policies or procedures as it may deem
necessary or desirable to guide O\\llers as to the requirements of the Architectural Re\iew Committee for the
submission and approval of Requested Changes. '
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6.3 Duties of Architectural Re\iew Conirnittee. If the Architectural Review Committee does not approve'a
Reques~edChangewithin forty-five (45) days after ali required infonnationon the Requested Change shall have
been submitted to it, then such Requested Change shall be deemed denied. One copy of submitted material shall be
retained by the Architectural Re\iew Committee for its perrrianerit files. .
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. . ..' 6.5 Inspection. The Architectural Review Committee or its designee may, but shall notbe required to,
. inspectworkbeing perfonned to assure compliance \\ith this DeclaratioIland the materiats submitted t9 itptirsuant.
to this Article VI and may require any work not consistent\\ithan approved Requested Change,ornot approved,'
. to be stopped and removed at the offending Owner's expense. .
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6.4 Liabilitv of the Architectural Review Committee. Neither the Architectural Review Committee; the
Association, . the Developer nor any .agerit. or. member. of any. oftlle . foregoing,.. shall be responsible in anyway for
. "'anydefects in,any plans, specifications or other materials submitted to it, nor for any defects in any work d6ne in '
connection\\ith a Requested Change or for any decision made by it unless made in bad faith or by willful
misconduct . . . " .
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. 7:2 Ree:U1ar Assessments, The Board of Directors of the Association shall have the right, power and
.' authority, \\ithoutany vote of the members of the Association, to fix from time to time the Regular Assessment
against each Residence Unit at any amount not in excess of the "Maximum Regular Assessment". as follows:
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. '. 7.1 Puroose of Assessments. ". Each Owner of a Lot by acceptance for itself and related entities of a deed
therefor, \\;hether or not it shall be soex-pressed in such deed, is deemed to covenant and agree to payte the
..... Association for his obligation . for (i) regular assessments for C9mrnon Expenses ("Regular Assessments") and(ii) h
special.assessments for. capital improvements and operating deficits . and . for special maintenance and repairs '.
(."Special. 'Assessments"). Such. as.se. ..ssments shall.be....established., shall commenceu.ponsuch dates.' and shall' be.
collected as herein provided. The general purpose of Regular and Special Assessmentsis to provide funds to
maintain and improve the Common Areas and related facilities for the benefit of the O\\ners, and the same shall be
levied for'the following specifkpurposes: (i) to. promote the health; safety and welfare oftheresidentsoccupying
the Real Estate, .' (Ii) . for the improvement, maintenance and repair of the Common Areas, the improvements, la\\n
foliage and laridscaping within and upon the Common Areas, Landscape Easements, Drainage, Utility or SeWer
.... Easements and the drainage system; (Hi) forthe perfonnance of the resporisibilitieSand duties and satisfaction of .'
the obligations of theAssociationand (iv) for such' other purposes as are reasonably necessary or specifically .
". provided herein. A portion of the Regular Assessment maybe set' aside or otherwise allocated in a, reserve fund for .
repair and . replacement of any capital. improvements ,"'hich the Association is required to maintain.. The Regular
and Special Assessments levied b)' the Association shall be Uniform for all Lots within the Subdhision.. .
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(i) Until December 31 of the year immediately following the conveyance of the first Lot to an
Chvnerfor residential use, the Maximum Regular Assessment 011 any R,esidence Unitfor any calendar year shall
not exceed . Dollars ($ . .. ).
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. (ii) From and after December. 31 of the year immediately follo\\ingthe conveyance of thefirs!
LottoanO\\nerfor residentiafuse, the Maximum Regular Assessmeriton any Residence Unit for any calendar
"year may be increased by not more than five percent (5%) per year above the Regular Assessment for the previous
....calendar year \\ithout a vote of the members of the Association, .'
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(iii) From andaftefDecember 3lof the year immediately following the conveyance of the first
Lotto an O\\ner for residential use, the Board of Directors of the Association may fix the Regular Assessment at
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an amount in excess of the maximum amount specified in subparagraph (ii) above only "ith the approval of a
majority of those members of each class of members of the Association who cast votes in person or by pro,,")' at a
meeting of the members of the Association duly called and held for such purpose.
(iv) Each Residence Unit shall be assessed an equal amount for any Regular Assessment,
excepting any prorationJor ownership during only a portion of the assess.ment period. . .
7.3 Special Assessments; In addition to Regular Assessments, the Board of Directors of the Association
may' make Special Assessments against each Residence Unit, for the purpose of defraying, in whole or in part, the
90st of constructing, reconstructing, repairing or replacing any capital improvement which the Association is
required to maintain or the cost of special maintenance and repairs or to recover any deficits (whether from
operations or any other loss) which the Association may from time incur, but only with the assent of a majority of
the members of each class of members of the Association who cast votes in person or byprox)' at a duly constituted
meeting bfthe members of the Associationcalled a.nd held for such purpose.
7.4 No Assessment a2ainst Developer During the Development Period. Neither the Developer nor any
affiliated entity shall be. asSessed any portion of any Regular or Special Assessment during the Development
Period.
7.5 Date ofCommencernentofRe2Ulai or Soecial Assessments: Due Dates; The Regular Assessment or
Special Assessment, if any, shall commence as to each Residence Unit on the first day of the first calendar month
follo"ing the first conveyance of the related Lot to an (mner, pro\ided that, in the case of the conveyance by
Developer of a Lot to any builder in the Subdhision not related to Developer, such commencement shall occur on
the first day of the sixth calendar month follo"ingthe first conveyance of the Lotto such builder.
The Board of Directors of the Association shall fix the amount of the Regular Assessment at leastthirty
(30) days. in advance of each. annual assessment period. Written notice of the Regular Assessment; any Special
Assessments and such other assessment notices as the Board-of Directors shall deem appropriate shall be sent to
each (N,ner subject thereto. Theinstallment periods and due dates for all assessments shall be established by the
Board of Directors. The Board of Directors may . pro\ide for reasonable interest and late. charges on past. due
installments of assessments,
7.6 Failure ofO"nerto PavAssessments. .
(iJ No (N,ner may exempt himself from pa)ing Regular Assessments and Special Assessments
due to such Owner's nonuse ,of the Common Areas or abandonment of the Residence Unit or Lot belonging to such
Q\mer. If any O\mer shall fail,refuse'or neglect to.make an)' payment of any assessment when due, the Hen for
such assessment (as described in section 7.7 below) may be foreclosed by the Board of Directors of the Association
for and on behalf of the Association as a mortgage on real property or as otherwise pro\ided by law. In any action
to foreclose the lien for. any assessment, the o.mer. and any occupant of the Residence Unit shall be jointly and
severally liable for the payment to the Association on the first day of each month of reasonable rental for such
Residence Unit, and the Board of Directors shall. be entitled. to the appointment of a receiver for the purpose of
preser\ing the Residence Unit or Lot, and to collect the rentals and other profits therefrom for the benefit of the
Association to be applied to the unpaid assessments. The Board of Directors of the Association, at its option, may
in the alternative bring suit to reCover a money judgment for any unpaid assessment\\ithout foreclosing or wai'\ing
the lien securing the same. In any action to recover an assessment, whether by foreclosure or othernise, the Board
. of Directors of the AsSociation, for .and on behalf of the Association, shall be entitle4 to recover from the Owner of
the respective Lot costs and expenses of such action incurred (including but not limited to attorneys fees) and
interest from the date such assessments were due until paid.
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. ARTICLE VIII
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(ii)' Non\ithstanding an)thing contained in this section 7 .6 or elsewhere inthis Declaration, any
sale or transferof a Residence Unit or Lot to a Mortgagee pursuantto a forec10sureof its mortgage or conveyance
in lieu thereof, or a conve)'arice to any person 'at a public sale in the ij1anner provided by law with respect to
m.ortgage foreclosures, shall. ex'tinguish the lien. of any unpaid assessments which became due prior to such sale,
transfer or conveyance; pro\ided, however, that the extinguishment of such lien shall n6t relieve the prior Cmner
from personal liability therefor., No such sale, transferor. conveyance shall relieve the Residence Unit, or the
purchaser thereof, at such foreclosure sale,. or the grantee in the' event of com'eYa.rtce in lieu thereof, ,from liability'
for any asSessments thereafter becoming due orrrom the lien therefor. '. .'.. .' , .... . . .';
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,7,"7'Creation of Lien and P~rsonal Obligation; All Regular Assess~epts and Special Asse~sments,
together. \\ith interest; cOsts of collection aild attorneys' fees, shall 00 acontinuingli~n upOn the tot against which
stich assessment is made prior to all other liens except only (i) tax liens on any Lotin favor of any unit of
government or special taxing district and (ii) the lien of any first mortgage of record. Each suchassessmeIl:t"
together \\ith interest, cost,s 'ofcollection, and'attorneys' fees,. shall also be the personal obligation of the Owner of
the Lot at the time such assessment became due and payable. Wllerethe ~ner constitutes more than one person,
theliabilit)' of such persons shall bejoint and several. . The personaL obligation for delinquent assessments (as
distinguished from, the. lien upOn the Lot) shall .not pass to such Own.er's successors iIi title unless expressly
assumed by them. The AssoCiation, upon request oia propOsed Mortgagee or proposed purchaser ha\ing a
contractual. right to purchase a. Lot, shall furnish. to such Mortgagee or. purchaser a statement setting . forth the
amount of any unpaid Regular or Special Assessments or other chargesagainsttheLot.Such statement shallbe
binding upOn the Association as of the date of such statemen,t.
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7.8 Expense Incurred to Clear Drainage. Utility or Sanitarv Sewer Easement Deemed a SOeCial
Assessment. As pro\ided in the. Plat Covenants relating to the Real Estate, the Owner of any Lotsubject to a..
Drainage, Utility or Sanitary Sewer Easement'in.cluding any builder, shall 00 required to keep the portion of said
Drainage, Utility or Sanitary Sewer Easement on his Lot free from obstructions so !hat the stonnwatei' drainage '. .
will not be impeded and \\ill not be changed' or alteted \\ithouta permit from the applicable 16calgovernmental
authority aild prior written. approval of the DeveloPer and the Association.' Also, no structutes or improvements,
includingw~thout limitation decks, patios, pools, fences; walkways or landscaping Many kind, shall be erected or
maintained upon.said easements, and' any such structure or itnprovement so erected . shall, at Developer's or the
Association's written request, be promptly removed by the O\mer at.the (Amer's,sole cosfandexpense:If, within'
. thirty (3Q) days after the date of such "rittenrequest, suchOwner shall npthave commenced and diligently and
continuously effected the removal of any obstruction of storm water drainage or anY prohibited structure o~
improvement, Developer or the Association may enter upon the Lot and c~use such obstruction, structure or '
improvement to be removed so that' the Drainage, . Utility or Sanitary . Sewer~asement is. returned to its original
designed condition. In such e\'ent, DeVeloper' or the AssociationshaJ.lbe entitled to recover the full costofsuch .
\\;orkfrom the offending O\\ner and such amount shall be deemed a speCial assessment against the Lot o\\nedby
such Owner which, if unpaid, shall constitute a lien against such Lot and may be collected by the AssOciation
pursuant to this Article 7 in the same manner as any Regular Assessment or. Special Assessment maybe collected.
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8.1 . Casualt\' Insurance; The Association shall purchase and maintain fire and extended coverage
insurance in an amount equal to the full insUrable replacement cost of any improvements o\\nedbythe .
Association. The Association shall also insure any other property, whether real or personal,o\\ned by the
Association, . against loss or damage by fire and such other hazards as the AssOciation may deem desirable. Such,
insurance' policy shall' name the' Association as the insured., The, insurance' policy or, pOlicies shall, if practicable,
contain pro\isions thatthe insurer (i) waives its rights to subrogation as to any claim against lheAssociation, its
Board of Directors; officers, agents and employees; any committee of the Association or of the Board of Directors.
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and all Owners and their respective agents and guests and (ii) waives any defense to pa)ment based on invalidity
arising from the acts of the insured. Insurance proceeds shall be used by the Association for the repair or'
replacementofthe property for which the insurance was carried. . .
8.2 Liabilitv Insurance. The Association shall also p'urchase and maintain a.master comprehensive public
liability insurance policy in such amount or amounts as the Board of Directors shall deem appropriate from time to
time, Such comprehensive public liability. insurance. shall coverall of the Common' Areas and shall inure to the
benefit of the Association, its Board of Directors, officers, agents and employees, any committee of the Association
. or of the' Board of Directors, all' persons acting 'or who may come to act as agents. or employees of any of the
foregoing.\"ith respect to the Real Estate and the Developer.
8.3- Other Insurance. The Asseciation shall also purchase and maintain any other insurance required by
law to bemaintaiiled, including but not limited to workers compensation insurance, and such other insurance as
the Board of Directors shall. from time to time deem necessary, advisable or appropriate, including but not limited
to officers' and directors' liability insurance.
8.4 Miscellaneous. The premiums for the insurance described above shall be paid by the Association as
CommonE>..-penses.
. ARTICLE IX
MAINTENANCE
9.1 Maintenance of L.ots and Imorovements. Except to the e>..1ent such maintenance shall be the
responsibility of the Association under any of the foregoing provisions of this Declaration, it shall be the duty of
.the croner of each Lot, including any builder during the building process, to keep the grass on the Lot properly cut
and keep the Lot, including any Drainage, Utility or Sewer Easements located on the Lot, free of weeds,. trash or
construction debris and otherwise' neat. and attractive in appearance including without limitation, the proper
maintenance of the. exterior of any structures on such Lot: If the' O\'rner of any Lot fails to do so in a manner
reasonably satisfactory to the Association; the Association shall have the right (but not the obligation), through its
agents, employees and contractors, to enter upon said Lot and clean, repair, maintain or restore the Lot, as the case
may be, and the e>..1erior of the improvements erected thereon. The cost of any such work shall be and constitute a
special assessment against such Lot and the o\mer thereof, whether or not a builder, and may be collected and
enforced in themarmer pro\;ded in this DeClaration for the collection and enforcement of assessments in general.
Neither the Association nor any of its agents, employees or contractors shall be liable to the offending Chmer for
any damage which may result from any maintenance work performed hereunder.
9.2 Darna2'e to Common Areas. In the event of damage to or destruction of any part of the Common
.AJ'eas or any improvements which the Association O\'rns or is required to maintain hereunder, including \'r;thout
limitation any Subdi\ision improvement, such as fences or columns erected by the Developer in right-of-way areas,
the Association shall repair or replace the same from the insurance to the ell.1ent of the availability of such
insurance proceeds. If such insurance proceeds are insufficient to co\'er the costs of repair or replacement of the
property damaged or destroyed, the Association may make a' Special Assessment against all O\'rners to cover the
additional cost of repair or replacement, not covered by the insurance proceeds. Nornithstanding any obligation or
duty of the Association hereunder to. repair or maintain the Common Areas and other improvements if, due to the
\\illful, intentional or negligent acts or omissionsof any O\\ner (including any builder) or of a member of his
family or of a guest, subcontractor, employee, tenant, invitee or other occupant or visitor of such O\\ner, damage
shall be caused to the Common Areasorimyother improvements maintained by the Association pursuantto this
Paragraph 9.2, or if maintenance, repairs or replacements shall be required thereby which would othemise be a:
Conunon ElI.-pense, then the Association shall cause such repairs to be made and such O\mer shall pay for such
damage and such maintenance, repairs and replacements, unless such loss is covered by the Association's
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insurance \\ith such policy having a waiver of subrogation clause. Ifnotpaid by such Ownerup<m demand by the
Association,' the cost of repairing such damage shall constitute a speciaLassessment against 'such Owner, whether
or,nota builder, and its Lot, to be collected and enforced .in the manner provided in this Declarationfor the
collection and enforcement of assessments in general.' "
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10.1 Notice to Mortgagees. The Association, upon request, shall provide to any Mortgagee a,wrihen
certificate ornoticespecif)ingW1paid assessments and other defaults, if any, of the Owner or any Lot in the
performanceoftheO\\ner's obligations under this Declaration or any Other applicable documents.: ' '
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10'.2 Notice to Association. Any Mortgagee who, holds a first mortgage lien on a Lotrnay notify the,
Secretary' of ,the Association' by certified, mail (return'receipt requested) of the existence of such mortgage and, '
provide the name and address of the Mortgagee. A record of the Mortgagee and name and addresuhall be
maintained by the Secretary ,of the Association and any notice, required to be given to the Mortgagee pursuant to
the terms of this Declaration, the By-Laws of the Association, or, otherwise shall, be deemed effectively given if
mailed to the Mortgagee at the address sho\\n in such record in the time provided. Unless notificatiOIl ofa
Mortgage and the, name and address of the Mortgagee are furnished to the Secretary as herein prOvided, no Ilotice,
", to any Mortgagee shall be required, and no Mortgagee shall be entitled to vote On any matter to which it otherwise
'." may be entitled by virtue of this Declaration, the By-Laws of the Association; a pro>.)' granted to such Mortgagee in
, connection mth the mortgage, or othermse. ' ' " ",
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10.3 Mortgaeees' Ri~htsUpon Default bv Association. If the Association fails (i) to pay taxes or the
, charges that are in default and that h;1veor may become liens against any Common Areas, or (ii)to pay on a timely
basis any premium on hazard insurance policies on Common Areas or to secure hazard insurance coverage for the
Common Areas upon lapse of a policy,thentheMortgagee\\i.threspectto any Lot may makethepaymenttm '.'
behalf of the Association. '
AMENDMENTS
" 1UBv the Association. Except as otherwise provided in this Declaration,amendments to this
DeClaration shall be proposed and adopted in thefollo\\ing manner:
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(i)Notice. Notice of the subject matter of any proposed amendment shal1be includedinthe
notice of the meetingofthemembers of the Association at which the proposed amendment is to be considered. < '
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, '(Ii) Resolution. .' A resolution to adopt a proposed amendment. maybe proposed by the Board Of
Directors or O\\ners having in the aggregate at least a majority of votes of allO\\ners.. .
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(Hi) Meeting. The resolution concerning a proposeq amendment must be adopted by the vote "
required by subparagraph (iv). below at a meeting of the members of the Association duly called and held in
accordance \\i.th the pro\isions of the Association's By-Laws. '
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, (iv) Adoption. . Any proposed amendment to this Declaration must be approved by a vote of not
less than seventy-five percent (75%) of sUch votes. lnany case,pro\ided, howe\;er; that any such amendment shall
require the prior, written approval pf Developer so long as Developer or any entity related to Developer o~ns any
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Lot or Residence Unit \vithin the Real Estate. In the event any Residence Unit is subject to a first mortgage, the
Mortgagee shall be notified of the meeting and the proposed amendment in the same manner as an Owner
pro\ ided the Mortgagee has given prior notice of its mortgage interest to the Board of Directors of the Association
in accordance "ith thepro\isions of the foregoing sub-section 10.2. As long as there is a Class B membership, the
follo",ing actions \\ill require the prior approval of the Federal Housing Administration or the Veterans
Administration: anriexationof additional properties, dedication or mortgaging of Common AIea, and amendment
. of this Declaration of Covenants,. Conditions and Restrictions.
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(v) Mortgal!ees' Vote on Special Amendments. No amendments to this Declaration shall be adopted which
changes'any pro\isionof this Declaration which would be deemed to be of a material nature by the Federal National
Mortgage Association under Section 601.02 of Part V, Chapter 4, of the Fannie Mae Selling Guide, or any similar provision
. of any subsequent guidelines published in lieu of or in substitution for the Selling Guide, or which would be deemed to require
.the first mortgagee's consent under the Freddie .Mac Sellers' and Servicers' Guide, Vol. I, Section 2103(d), "ithout the \\Tinen
'approval of at ieast sixty-seven percent. (67%) of the Mortgagees who have given prior notice of their mortgage interest to the
Board of Directors of the Association in accordance "ith the pro\isions of the foregoing section 10.2.
Any Mortgagee which has been duly notified. of the natu.~ of any proposed amendment shall be deemed to ha\ie
approved the same if the Mortgagee or a representative thereof fails to appear at the meeting in which such amendment is to
be considered (if proper notice of such meeting was timely given to such Mortgagee) or if the Mortgagee does not send its
"ritten objection .to the proposed .amendment prior to such meeting. In the event that a proposed amendment is deemed by
the Board of Directors of the Association to be one which is not of a material nature, the Board of Directors shall notify all
Mortgagees whose' interests have beenrnade kno\\n to the Board of Directors of the nature of such proposed amendment, and
such amendment shall be conclusively deemed not material if no Mortgagee so notified objects to such proposed amendment
,,;thin thirty (30) days after the date such notices are mailed and if. such notice ad'. ises the Mortgagee of the time limitation
contained in this sentence.
11: 2 Bv the Developer. . Developer hereby reserves the right, so long as Developer or any entity related to Developer
0\\n5 any Lot or Residence Unit "ithin and upon the Real Estate, to make any technical amendments to this Declaration,
\\ithout the approval of any other person or entity, for any purpose reasonably deemed necessary or appropriate b)' the
. Developer, including without limitation: to bring Developer or this Declaration into compliance ,,;th the requirement of any
statute, ordinance, regulation or order of any public agency ha\ingjurisdiction thereof; to confonn "ith zoning covenants and
conditions; to comply' \\ith the. requirements of the Federal. National Mortgage Association, the Government National
Mortgage Association, the Federal Horne Loan Mortgage Corporation, theDepartment of Housing and Urban Development,
.. the Veterans Administration or any other governmental agency or to induce any of such agencies to make, purchase, sell,
insure or guarantee :first mortgages; or to correct clerical or typographical errors in this Declaration or any amendment or
supplement hereto; pro\id~however, that in no event shall Developer be entitled to make any amendment which has a
material adverse effect on the rights of anyMortgagee, or which substantially impairs the rights granted by this Declaration to
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any CAmer or substantially increases the obligations imposed by this Declaration on any Q\\ner.
11,3 Recording, Each amendment to this Declaration need be executed only by Developer in any case
where Developer has the right. to amend this Declaration pursuant to Paragraph 11.2 and, othernise, by. the
President or Vice President and Secretary of the Association; pro\ideg, however, that any arnendmentrequiring the
consent of Developer pursuant (!o Paragraph 11.1 shall contain Developer's signedco~sent... All amendments shall
.be recordedin the Office of the Recorderof Hamilton County, Indiana, and no amendment shall become effective
until so recorded.
ARTICLE XlI
MISCELL~""EOUS
12.1 RilZht of Enforcement. Violation or threatened violation of any of the covenants, conditions or
restrictions enumerated in this Declaration or in a Plat of any part of the Real Estate now or hereafter recorded in
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, 12.5, Aoolicable Law. This Declaration shall be governed by and constrnedin accordance\\it.hthe laws of,
the State of Indiana.
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the office of the Recorder of Hamilton County, Indiana; shall be grmmds for an action by Developer: the
Association, any Owner and all persons or entities claiming under them, against the person or entity yiolating or
,threateningto violate any such covenants, conditions or restrictions; Available relief in any such action shall'
include recovery of d.amagesor other sums due for such violation, injunctive relief against any such violation or
threa.tened Jiolation,' declaratory relief and the recovt;:ry of costs and littorneys fees reasonablyincurred by any party
successfuUy enforcing such covenantS, conditions and restrictions; provided, however; that neither Developer, any ,
O,mer nor the Association shaU be liable for damages of anyland to any person for failing or neglecting for any ,
reason to enforce any such covenants, conditions or restrictions. ' '
12:2DeIav or Failure to Enforce. No delay or failure on the part of any agSn~vedparty, including without"
limitation the Association and ,the Developer, tO"invoke any'available reniedy\\ithrespect to any violation or ,
threatened :violation of any covenants, conditions orrestrictions enumerated in this Declarati()n .or in a Plat of any ,"
part of the Real Estate shall constitute a waiver by that party of, or an estoppel of that party to assert, any right
available to it upon the occurrence, recurrence or continuance of Such violation.. ' ,
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12.3 Duration. These covenants, conditions and restrictions and all other provisions of this Declaration
(as thesame may be amended from time to time asherein provided) shall run with ,the land comprising the Rea,l
Estate and shall be binding on<all persons and entities from time to time having any right, title or interest in the
.' Real Estate or any part thereof, and on all persons claiming under them, until December 3 I, 2020; and til.ereafter
. snaIl continue automatically until terminated or , mOdified by vote of'a majority of all Owners at any time thereafter; ,
proYided,' however,' that no termination of this Declaration shall terminate or otherwise affect any eaSement hereby.
created and reserved unless all persons entitled to the beneficial use of such easementshallcoI\sent thereto. .
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12".4 Severability. Invalidation of any of the covenants, conditions ,or restrictions contained in this
. Declaration by judgment or court order shall not in any way affect any of the ()therprovision.s hereof, which shall
remain in .full force and effect. . '"
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. ,,12.6Aimexation. Additiorialland 'adjacent to the Real Estate maybe annexed by Developerto the Real . .
.. Estate (and from and after such annexation shall be deemed part of the Real Estate for all purposes of this'
. Declaration) by execution and reCordation by Developer in the Office of the Recorder ofHamilto.nCounty,Indiana,
of a sUpplemental d~laration, and such action shall require no. approvals or other action of the .O\\ners~
ARTICLE XIII
13.1 Access Rights. De\'eloper hereby declares, creates and reserves an access license over and across all
of the Real Estate for the use of De,;eloper and its representatives, agents, designees; contractors and affiliates
during the Development Period. Notwithstanding the foregoing, the area of the access license created by tltis
section 13.1 shall be lixnited to, that part of the Real Estate which is not in, on, under, over, across,orthrougha"
building or the fOWldationof a building properly located on the Real Estate. The parties for whose benefit this
access license is herein created and reserved shall exercise such access rights only to the extent reasonably
'n.ecessaryand appropriate and' such parties shall, to the' extent reasonably practicable, ,repair any damage or
destruction caused by reason of such parties' exercise of this access license. . .
.', 13.2 Siw. Developerand its designees shall have the right to use signs of any size during the
. DevelopmentPeriod and shall not be subject to the Plat Covenants with respe~t to signs during the Development'
Period. The Developer and its designees shall also have the right to construct ot change any building,
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improvement or landscaping on the Real Estate \\1thoutobtaining the approval of the Architectural Review
Conunittee at any time during the Development Period. '
13.3 Sales Offices and Models. Notwithstanding an)thing to the contrary contained in this Declaration
or a Platof any part of the RealEstate now or hereafter recorded in the office of the Recorder of Hamilton Courity,
Indiana, Developer, any entity related to Developer and any other person or entity \\1th the prior\\TItten consent of
Developer, during the Development Period, shallbeentitled to construct, install, erect and maintain such facilities
upon any portionef the Real Estate owned by Developer, the' Associa~ion or such person or entity as, in the sOle
opinion of Developer, may be reasonably required or convenient or incidental to the development of the Real
Estate or the sale of Lots and the construction or sale of Residence Units' thereon. Such facilities may include,
\\ithout limitation, storage areas or tanlcs, parking areas, signs, model residences, construction offices or trailers
ahd sales offices or trailers. . .
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IN W1TNESS \VHEREOF,thisDeclaratiori has been executed by Developer asofthedate first above
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Justus Home Builderslnc., an IndianaCorporation member
'By:
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STATE OF INDIANA ,)
COUNTY OF
)'SS:
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Before me, a Notary Public,in and for the State of Indiana, personally appeared, its ·
, of Justus Home Builders Inc., an Indiana Corporation, who acknowledged ,the execution of the
foregoing Declaration.,,' , ' ,
WITNESS my hand and Notarial Seal this _____day of
,2003.
My Comnussion Expires:
, " County of Residence:
This instrument was prepared by and return recorded instnunentto:c. White, 510 Fox Lane, Cannel, IN 46032
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The Villas at Sweet Charity Farms
11. Proposed Homes. Justus Home Builders Inc.
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JUSTUS HOMES.
TYPICAL VILLA HOME
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JUSTUS HOMES.
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TYPICAL VILLA HOME
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TYPICAL VILLA HOME
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JUSTUS HOMES.
TYPICAL VILLA HOME
TYPICAL VILLA HOME
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The Villas at Sweet Charity Farms
12. Finding of Facts Form for Primary Plat Consideration
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FINDINGS OF FACT FORM FOR
PRIMARY PLAT CONSIDERATION
Carmel Plan Commission
Carmel, Indiana
DOCKETNO. J 1S1-mpp NAME OF SUBDIVISION: The Villas at Sweet Charity Farm
PETITIONER: Justus Home Builders Inc.
Based upon all the evidence presented by the petitioner and upon the representations and
certifications of the staff of the Department of Community Development, I determine that the plat
complies with standards of the Carmel Clay Subdivision Control Ordinance.
I hereby approve of the primary plat as submitted with the following specific conditions as agreed to
by the petitioner.
Condition 1.
Condition 2.
Condition 3.
I hereby disapprove of the primary plat as submitted for the following reasons:
1.
2.
3.
DATED THIS
DAY OF
,20
Commission Member
s: \plancomm\applictn. pc \primplat.apx
Rev. 11/7/2000