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Fahey, Joyce D
From:
Sent:
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Subject:
Dobosiewicz, Jon C
Monday, October 21, 2002 11 :37 AM
Fahey, Joyce 0
Lillig, Laurence M; Lawrence, Kelli A; Hollibaugh, Mike P
Docket Number Assignment - PP (Primary Plat); The Villas at Sweet Charity Farms
Joyce,
Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary
Docket Number for The Villas at Sweet Charity Farms, Primary Plat. It will be the following:
151-02 PP $700 + $1890 ($35 per lot with 52 lots)
Total Fee: $2,590
Docket No. 151-02 PP; The Villas at Sweet Charity Farms (Primary Plat)
The applicant seeks approval to plat a 54-lot residential subdivision on 38.01 acres. The site is located on the
south side of 141 st Street 1/8 mile east of Towne Road. The site is zoned S-l/Residence - Estate.
Filed by Rich Kelly ofEMH&T for Justus Home Builders, Inc.
Please note the following:
· This Item was placed on the October 16, 2002 agenda of the Technical Advisory Committee.
· Mailed and Published Public Notice needs to occur no later than Friday, October 25, 2002. Published notice
is required within the Indianapolis Star.
· Twenty (20) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no
later than noon, Friday, November 8, 2002. Failure to submit Informational Packets by this time will result in
the tabling of the petition to the Tuesday, December 17, 2002, agenda of the Plan Commission.
· Proof of Notice will need to be received by this Department no later than noon, Monday, November 18, 2002.
Failure to submit Proof of Notice by this time will result in the tabling ofthe petition.
· This Item will appear on the November 19, 2002, agenda of the Plan Commission under Public Hearings.
· This Item may also appear on the December 3, 2002, agenda of the Plan Commission Subdivision
Committee.
Please contact Rich Kelly at 913-6930 (Fax: 913-6928) with this information. Once the file is updated (copy of
fax filed and file labeled on cover and internal files) please return the it to my office.
Thanks,
Jon
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o APPLICATION FOR
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PRIMARY PLAT (OR REPLAT) ~tI ~ ',:~:>\
Fee: $700.00 plus $35.00 per lot ($560.00) , _ . d't,D it::1J ';j
DATE: DOCKET NO. 1.,'/ t>OCS {J.? /-J
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The undersigned agrees that any construction, reconstruction, enlargement, relocati66zQr':;,TC'\ .,:,;);y'/
alteration of structure, or any change in the use of land or structures requested by this "---'.--/
application will comply with, and conform to, all applicable laws of the State of Indiana, and the
"Zoning Ordinance of Carmel, Indiana - 1980", adopted under the authority of Acts of 1979,
Public Law 178 Sec. 1, et seq, General Assembly of the State of Indiana, and all Acts
amendatory thereto.
Name of Applicant: Justus Home Builders Inc.
Phone No. 3 17 - 3 5 3 - 8 3 11
Address of Applicant: 1398 N. Shade 1 and Ave., I nd i anap 0 1 is, IN 46219
Name of Owner: John and Janice Brown
Phone No. 317-848-1202
Name of Subdivision: Tn!" V:illAC::-::lt-C;IMppt C'r"Fit j' Far~
Legal Description: (To be typewritten on separate sheet and attached)
Area (in acres): 34.51 '.;:l r. .Number of Lots:
to be dedicated to public use: . 57 mil p S
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Length (In miles) of new streets
Surveyor certifying plat: Mr. Bruce Haaen of EMH& T t Inc.
Address: 6994 Hillsdale ct. t Tnrlr1s., TN
Phone No. ~17-91~-~q~O
********************************************.********************************** STATE 0 FIN DIANA,
COUNTY OF .-MAftltJlJ , 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 Iieves.
SIGNATURE OF APPLICANT:
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Subscribed and sworn to before me this
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FEE: Received by:
s:\plancomm\appllctn.pc\prim plat.apx
LYNN R. RIGNEY
COUNTY OF RESIDENCE: HAMilTON
MY COMMISSION EXPIRES: JUNE 21.2009
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PRIMARY PLAT CHECKLIST
NAME OF APPLICANT: Justus Home Builders Inc.
NAME OF SUBDIVISION: The ViII as a t Sweet Char i t y .F a rm
DATE OF PLAN COMMISSION MEETING:
PREPARED BY: Rich Kellv. PE DATE: 9-19-02
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A. Two Copies of Plat to Illustrate:
Name of subdivision (5.2.1)
Words "PRIMARY PLAT' (5.2.1)
Date of submission of latest revisions (5.2.1)
Name of subdivision designer (5.2.1)
Present zoning classification (5.2.1)
Total acreage of the plat (5.2.1)
Name. address, telephone number of owner. subdivider & registered land surveyor (5.2.2)
Street and rights-of-way: (5.2.3)
a. Locations
b. Names
c. Street width
d. Right-of-way width
Location, size and capacity of: (5.2.5)
a. Proposed sanitary sewers
b. Water mains, hydrants
c. Drainage system
Layout of lots showing dimensions. lot number & square footage (5.2.6)
Parcels to be dedicated or reserved for public use (5.2.7)
Contour slopes (5.2.8)
Tract boundary lines showing dimensions, angle bearings. existing monuments, markers
and benchmarks. (5.2.9)
Location of flood plains (FP, FF and FW) (5.2.10)
Building setback lines (5.2.11)
Legends and notes (5.2.12)
B. Supportina Data:
Area location map of 1" =500' to show: (5.3.1)
a) Existing adjacent uses
b) Watershed boundaries
c) Thoroughfares directly related to proposed subdivision
d) Existing adjoining zoning classifications and proposed uses
e) Title on area location map. its scale, north arrow and date information was placed on
map
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10.
2.
Service reports Qatements (5.3.3)
a) Police and Sheriff
b) Fire Department
c) Water and sanitary sewer utilities
d) Electric, gas and telephone utilities
e) Carmel/Clay schools
f) Hamilton County Health Department
. g) Surveyor, Drainage Board, County Commissioners
h) Indiana Natural Resources Commission
i) Carmel Board of Public Works
j) Director of the Dept. of Community Development
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Report describing water system, sanitary sewer system and storm drainage system
Statement from State Highway, County Highway or City Street Dept.
Soils map and report from Hamilton County Soils & Water Districts (5.3.6)
A description of the protective covenants or private restrictions (5.3.7)
Erosion control plan (5.3.9)
Statement from the Carmel Board of Public Works or other appropriate authority stating that
said authority has capacity for sewer/water hookups (5.3.10)
Landscape plan
Proposed signage plan
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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 )'2 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 )'2; thence
North 00015'06" East along said West line a distance of 1315.99 feet to the Northwest Corner of
the East )'2 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 16.512 acres of land, more or less,
said 16.512 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 a
point, 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 302.66 feet to the Point of Beginning, thence continuing South
89059'18" East along said north line a distance of 369.34 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 874.12 feet; thence South 89042'43" East, a distance of 246.67 feet; thence
South 00017'17" West, a distance of 13.00 feet; thence South 89042'43" East, a distance of
163.29 feet; thence North 00045'39" West a distance of 210.73 feet; thence North 89034'31" West,
a distance of 111.81 feet; thence North 00009'39" East a distance of 226.58 feet to the Point of
Beginning and containing 16.512 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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Utility Summary
For
The Villas at Sweet Charity Farm
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 14151 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 Drainage System:
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 14151 Street.
Telephone:
Ameritech will provide telephone service for the site. The development will be serviced by
existing telephone facilities along 14151 Street.
Natural Gas:
Natural gas service will be provided by Vectren.
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PLAT COVENANTS AND RESTRICTIONS
THE VILLAS 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 subdividing the Real Estate as shown on the plat for The Villas at Sweet Charity Farm
Section One, which is filed of record simultaneously herewith in the office of the Recorder of Hamilton County,
Indiana (the "Plat") and desires in the Plat to subject the Real Estate to the provisions of these Plat Covenants and
Restrictions. The subdivision created by the Plat (the "Subdivision") is to be known and designated as "The Villas
at Sweet Charity Farm Section One". In addition to the covenants and restrictions hereinafter set forth, the Real
Estate is also subject to those covenants and restrictions contained in the Declaration of Covenants, Conditions and
Restrictions of 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 provided (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 extent possible. Capitalized terms used herein shall have the same
meaning as given in the Declaration.
In order to provide adequate protection to all present and future Owners of Lots or Residence Units in the
Subdivision. the following 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 shown on the Plat, if not heretofore
dedicated to the public, are hereby dedicated to the public for use as a public right-of-way.
2. COMMON AREAS. There are areas of ground on the Plat marked "Common Area". Developer hereby
declares, creates and grants a non-exclusive easement in favor of each Owner for the use and enjoyment of
the Common Areas, subject to the conditions and restrictions contained in the Declaration. Common
Areas are created as conservation easements and shall not be used for residential home construction.
3. UTILITY. DRAINAGE AND SANITARY 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), governmental agencies and the Association for
access to and installation, maintenance, repair or removal of poles, mains, ducts, drains, lines, wires,
cables and other equipment and facilities for the furnishing of utility services, including cable television
services. The Drainage Easements are hereby created and reserved for (i) the use of Developer during the
"Development Period" (as such term is defined in the Declaration) for access to and installation, repair or
removal df 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 Owner of any
Lot in the Subdivision subject to a Drainage Easement, including any builder, shall be required to keep the
portion of said Drainage Easement on his Lot free from obstructions so that the storm water drainage will
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be unimpeded and will not be changed or altered without 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, Drainage 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 extent reasonably necessary for the exercise of the rights granted to it by this
Paragraph 3. Except as installed by Developer or installed as provided above, no structures or
improvements, including without limitation decks, patios, pools, landscaping, fences or walkways, shall
be erected or maintained upon said easements.
4. 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, walkways, patios and fences, shall be erected or maintained upon said Landscape Easements. The
landscape easements shall also provide for access for the public to utilize the asphalt walking path located
within the common area for access through the common areas to adjoining properties. Access to the public
shall be limited to the asphalt path only.
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 underground 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 Owner of 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 will be unimpeded and will not be changed or altered without a permit from the Hamilton
County Drainage Board and prior written approval of the Developer or the Association.
6. BUILDING LOCATION - 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 case may be) of a Lot. The minimum front yard set back shall be as
designated on the Plat. The minimum rear yard setback shall be twenty (20) feet. The minimum side
yard setback shall be Five (5) feet with an aggregate of ten (10) feet between buildings.
7. RESIDENTIAL UNIT SIZE AND OTHER REOUIREMENTS. No one story Residence Unit constructed
on a Lot 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 of total living area. Each residence shall include an attached two-car (or
larger) enclosed garage. The maximum height of any Residence Unit constructed on a Lot shall be thirty-
five (35) feet.
8. RESIDENTIAL UNIT USE. All Lots in the Subdivision shall be used solely for residential purposes. No
business building shall be erected on any Lot, and no business may be conducted on any part thereof in
violation of any home occupation provisions of the applicable zoning ordinance. No building shall be
erected, placed or permitted to remain on any Lot other than one 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
type of construction and shall conform to the general architecture and appearance of such residence.
9. ACCESSORY AND TEMPORARY BUll.,oINGS. 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
constmction of a residential building on the property, which temporary construction stmctures 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 as a residence, temporary or permanent; nor may any
other structure of a temporary character be used as a residence.
11. NUISANCES. No domestic animals raised for commercial purposes and no farm animals or fowl shall be
kept or permitted on any Lot. No noxious, unlawful or otherwise offensive activity shall be carried out on
any Lot, nor shall anything be done thereon which may be or may become a serious annoyance or nui-
sance to the neighborhood.
12. VEmCLE PARKING. No camper, motor home, truck (over 3/4 ton load capacity), trailer, boat, personal
watercraft, snowmobile or other recreational vehicle of any kind may be stored on any Lot in open public
view. No vehicles of any kind may be put up on blocks or jacks to accommodate car repair on a Lot unless
such repairs are done in the garage. Disabled vehicles shall not be allowed to remain in open public view.
13. SIGNS. No sign of any kind shall be displayed to the public view on any Lot, except that one sign of not
more than six (6) square feet may be displayed at any time for the purpose of advertising a Residential
Unit for sale, and except that Developer and its affiliates and designees may use larger signs during the
sale and development of the Subdivision.
14. MAll.,BOXES. All mailboxes and replacement mailboxes shall be uniform and shall conform to the
standards set forth by the Architectural Review Committee.
15. GARBAGE AND REFUSE DISPOSAL. Trash and refuse disposal will be on an individual 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
view. No mbbish, gart>age or other waste shall be allowed to accumulate on any Lot. No homeowner 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. STORAGE TANKS. 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 AND SWALES. All Owners, including builders, shall keep unobstructed and in good
maintenance and repair all open storm water drainage ditches and swales which may be located on their
respective Lots. All sump pump discharges shall be connected to a subsurface drain, storm sewer or lake.
No 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 without the express written consent of the
Architectural Review Conunittee, and subject to the approval of the appropriate governmental entity.
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19. GARAGES/DRIVEW A YS. Each driveway in the Subdivision shall be of concrete material.
20. ANTENNA AND SATELLITE DISHES. No outside antennas shall be pennitted in the Subdivision.
Outdoor satellite dishes shall be permitted in the Subdivision; provided, however, that the (i) the diameter
of the satellite dish shall be no more than twenty-four inches ("24"), (H) only one (1) satellite dish shall be
permitted on each Lot, and (Hi) the Architectural Review Committee shall have first determined that the
satellite dish is appropriately placed and properly screened in order to preserve property values and
maintain a harmonious and compatible relationship among the houses in the Subdivision.
21. AWNINGS. No metal, fiberglass, canvas or similar type material awnings or patio covers shall be
permitted in the Subdivision.
22. FENCING. No fence shall be erected on or along any Lot line, nor on any Lot, the purposes or result of
which will be to obstruct reasonable vision, light or air. All fences shall be kept in good repair and
erected so as to enclose the property and decorate the same without unreasonable hindrance or obstruction
to any other property. Any fencing permitted to be used in the Subdivision must be wood shadowbox,
vinyl coated chain link or pvc and shall not be higher than six (6) feet. No fencing shall extend into a
yard, fronting onto a street, closer to the street than the front corner of the residence. All fencing style,
color, location and height shall be generally consistent within the Subdivision and shall be subject to prior
written approval of the Architectural Review Committee. Fences are allowed in easements but are erected
at owner's risk as such fences may be partially or completely torn down by others if they interfere with the
installation, operation, andlor maintenance of the facilities for which the easement has been reserved.
23. SWIMMING POOLS. SPORTS COURT AND PLAY EOUIPMENT. No above-ground swimming pools
shall be permitted in the Subdivision.. No hard surfaced sports courts of any kind shall be permitted on
any Lot except as approved by the Architectural Review Committee. No metal outdoor play equipment
shall be permitted in the Subdivision.
24. SOLAR PANELS. No solar heat panels shall be permitted on roofs of any structures in the Subdivision.
All such panels shall be enclosed within fenced areas and shall be concealed from the view of neighboring
Lots, common areas and the streets.
25. OUTSIDE LIGHTING. Except as otherwise approved by the Developer, all outside lighting contained in
or with respect to the Subdivision shall be of an ornamental nature compatible with the architecture within
the Subdivision and shall provide for projection of light so as not to create a glare, distraction or nuisance
to any Owner or other property owners in the vicinity of or adjacent to the Subdivision. All homes shall
have unifonn "dusk to dawn" front yard lights and/or coach lights attached to the house.
26. SITE OBSTRUCTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations
between two (2) and six (6) feet above the street shall be placed or permitted to remain on any comer lot
within the triangular area fonned by the street property lines and a line connecting points twenty-five (25)
feet from the intersection of said street lines, or in the case of a rounded property corner, from the
intersection of the street lines extended. No tree shall be permitted to remain within such distances of
such intersections unless the foliage line is maintained at a sufficient height to prevent obstruction of such
sight lines.
27. VIOLATION. Violation or ~eatened violation of these covenants and restrictions shall be grounds for
an action by the Developer, the Association or any person or entity having any right, title or interest in the
Real Estate, and all persons or entities claiming under them, against the person or entity violating or
threatening to violate any such covenants or restrictions. Available relief in any such action shall include
recovery of damages for such violation, injunctive relief against any such violation or threatened violation,
declaratory relief and the recovery of costs and attorneys reasonable fees incurred by any party successfully
enforcing these covenants and restrictions; provided, however, that neither the Developer nor the
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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. AMENDMENT. These covenants and restrictions may be amended at any time by a vote of no less than
seventy-five percent (75%) of the Lots in all Subdivisions which are now or hereafter made subject to and
annexed to the Declaration; provided, however, that until all of the Lots in the Subdivision have been sold
by Developer, any such amendment shall require the prior written approval of Developer. Each such
amendment shall be evidenced by a written instrument, which instrument shall set forth facts sufficient to
indicate compliance with this paragraph and shall be recorded in the office of the Recorder of Hamilton
County, Indiana. No amendment which adversely affects the rights of a public utility shall be effective
with respect to such public utility without its written consent thereto. No amendment, which is contrary to
a zoning commitment, shall be effective without the written approval of the affected adjacent homeowners
associations designated by the City of Carmel.
29. TERM. The foregoing plat covenants and restrictions, as the same may be amended from time to time,
shall run with the land and shall be binding upon all persons or entities from time to time having any
right, title or interest in the Real Estate and on all persons or entities claiming under them, until Decem-
ber 31, 2030, and thereafter they shall continue automatically in effect unless terminated by a vote of a
majority of the then Owners of the Lots in the Subdivision; provided, however, that no termination of
these covenants and restrictions shall affect any easement hereby created and reserved unless all persons
entitled to the beneficial use of such easement shall have 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 WITNESS WHEREOF, the undersigned Developer, as the owner 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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STATE OF INDIANA )
COUNTY OF MARION )
) 58:
Before me, a Notary 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
hereinabove set forth.
Witness my signature and Notarial Seal this _ day of
,2003.
Notary Public
Printed
My commission expires:
I am a resident of
County, Indiana.
This instrument was prepared by Christopher R White, 510 Fox Lane, Carmel, IN 46032
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DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
m:
THE VILLAS AT SWEET CHARITY FARM
TIllS DECLARATION ("Declaration") is made this _ day of
Builders Inc., an Indiana Corporation ("Developer").
, 2002 by Justus Home
Recitals
1. Developer is the owner 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 subdivide the Initial Real Estate into residential lots.
3. Before subdividing 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 common 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 charges as herein provided.
5. Developer may from time to time subject additional real estate located within the tracts adjacent to the
Initial Real Estate to the provisions of this Declaration (the Initial Real Estate, together with any such addition, as
and when the same becomes subject to the provisions of this Declaration as herein provided, is hereinafter referred
to as the "Real Estate" or the "Subdivision").
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NOW, THEREFORE, Developer hereby declares that the Real Estate is and shall be acquired, held,
transferred, sold, hypothecated, leased, rented, improved, used and occupied subject to the following covenants,
conditions and restrictions, each of which shall run with 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
DEFINITIONS
The following terms, when used in this Declaration with initial capital letters, shall have the following
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 incorporated, 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 of a part of the Real
Estate as a "Common Area" or which are otherwise 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) expenses associated with the maintenance, repair or replacement of
the Common Areas and the performance of the responsibilities and duties of the Association, including without
limitation expenses for the improvement, maintenance or repair of the improvements, lawn, foliage and
landscaping located on a Drainage, Utility or Sanitary Sewer Easement or on a Landscape Easement to the extent
the Association deems it necessary to maintain such easement, (ii) expenses 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 for herein and (v) all expenses incurred in the administration of the
Association or the performance of the terms and provisions of this Declaration.
1.5 "Developer" means Justus Home 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.
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 own 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.
1.8 "Lot" means any parcel of land shown and identified as a lot on a Plat of any part of the Real Estate.
1.9 "Mortgagee" means the holder of a duIy recorded first mortgage lien on an~ W~ ~r Residence Unit.
. L '.
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1.10 "Owner" means the record owner, whether one or more persons or entities, offee-simple title to any
Lot, including contract sellers, but excluding for all purposes those persons or entities having an interest merely as
security for the performance of an obligation unless specifically indicated to the contrary. The term Owner as used
herein shall include Developer so long as Developer shall own any Lot in the Real Estate.
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
APPLICABILITY
All Owners, their tenants, guests, invitees and mortgagees, and any other person using or occupying a Lot
or any other part of the Real Estate shall be subject to and shall observe and comply \\ith the applicable covenants,
conditions and restrictions set forth in this Declaration and any rules and regulations adopted by the Association as
herein provided, as the same may be amended from time to time.
The Owner of any Residence Unit (i) by acceptance of a deed conveying title thereto or the execution of a
contract for the purchase thereof, whether from the Developer or its affiliates or any other builder or any other
Owner 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 Owner covenants, for such Owner, such Owner's heirs, personal representatives, successors and
assigns, with Developer and the other Owners from time to time, to keep, observe, comply with and perform the
covenants, conditions and restrictions of this Declaration.
ARTICLE III
PROPERTY RIGHTS
3.1 Owners' Easement of Eniovrnent of Common Areas. Developer hereby declares, creates and grants a
non-exclusive easement in favor of each Owner for the use and enjoyment of the Common Areas. Such easement
shall run with and be appurtenant to each Lot and related Residence Unit, subject to the following provisions:
(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 any Owner or make a special assessment against any Lot
in the event a person permitted to use the Common Areas by the Owner of such Lot violates any rules or
regulations of the Association;
(iii) the right. of the Association to dedicate or transfer all or any part of the Common Areas or
grant easements therein to 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 in this Declaration and in any Plat of any part of the Real
Estate; and
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 her right of use and enjoyment of the Common Areas
subject to the terms of this Declaration and any rules and regulations promulgated by the Association from time to
time.
3.3 Convevance of Common Areas. Developer may at any time and from time to time convey all of its
right, title and interest in and to any of the Common Areas to the Association by warranty deed, and such Common
Areas so conveyed shall then be the property of the Association; provided, however, that the Common Areas for
the Initial Real Estate and any additional lands added to the scheme of this Declaration, respectively, shall be
conveyed to the Association on or before the time that the first Lot within the Initial Real Estate or such additional
land, respectively, as the case may be, is conveyed for residential use.
ARTICLE IV
USE RESTRICTIONS
4.1 Lakes. There shall be no swimming, 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
with respect to 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 permitted or sanctioned by the Association.
4.3 Lot Access. All Lots shall be accessed from the interior streets of the Subdivision.
4.4 Other Use Restrictions Contained in Plat Covenants and Restrictions. The Plat Covenants and
Restrictions relating to the Real Estate contain additional restrictions on the use of the Lots in the Subdivision,
including, without limitation, prohibitions against commercial 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, storage
tanks, water supply and sewage systems, ditches and swales, driveways, antenna and satellite dishes, awnings,
fencing, swimming 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
ASSOCIATION
5.1 Membership. Each Owner shall automatically become a member of the Association and shall remain a
member of the Association so long as he or she owns a Lot.
5.2 Classes of Membershio and Vote. The Association shall have two (2) classes of membership, as
follows:
(i) Class A Members. Class A members shall be all Owners other than Developer (unless Class
B membership has been converted to Class A membership as provided in the immediately following
subparagraph). Each Class A member shall be entitled to one (1) vote per Lot owned.
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(ii) Class B Member. The Class B member shall be the Developer. The Class B member shall be
entitled to three (3) votes for each Lot owned by Developer. The Class B membership shall cease and be converted
to' Class A membership upon the Applicable Date (as defined in Section 5.3 below).
5.3 ADDlicable 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.
5.4 Multiple or Entity Owners. Where more than one person or entity constitutes the Owner of a Lot, 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
more than 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 Mana2ement. 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 with or without cause, without any termination
penalty, on written notice as provided therein, but in any event, with 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, lawn, 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 street light, any private street signs
and any private streets, which may be shown on any 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 Owner 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 of lake water so as not to 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.
(vii) Assessment and collection from the Owners and payment of all Common Expenses.
(viii) Performing or contracting for property or Association management, snow removal,
Common Area maintenance, trash removal or other services as the Association deems necessary or advisable.
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(ix) Enforcing the rules and regulations of the Association and the requirements of this
Declaration and any applicable zoning or other recorded covenants, in each case, as the Association deems
necessary or advisable.
5.8 Powers of the Association. The Association may adopt, amend or rescind reasonable rules and
regulations (not inconsistent with the provisions of this Declaration) governing the use and enjoyment of the
Common Areas and the management and administration of the Association, in each case as the Association deems
necessary or advisable. The rules and regulations promulgated by the Association may provide for reasonable
interest and late charges on past due installments of any regular or special assessments or other charges or fines
against any Owner or Lot. The Association shall furnish or make copies available of its rules and regulations to the
Owners prior to the time when the rules and regulations become effective.
5.9 Comoensation. No "<lirector or officer of the Association shall receive compensation for his or her
services as such director or officer, except to the extent expressly authorized by a majority vote of the Owners
present at a duly constituted meeting of the Association members.
5.10 Non-Liability of Directors and Officers. The directors and officers of the Association shall not be
liable to the Owners 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 own individual willful misconduct or
gross negligence. It is intended that the directors and officers of the Association shall have no personal liability
with respect to any contract made by them on behalf of the Association except in their capacity as Owners.
5.11 Indemnity of Directors and Officers. The Association shall indemnify, hold harmless and defend any
person, his or her heirs, assigns and legal representatives (collectively, the "Indemnitee") made or threatened to be
made a party to any action, suit or proceeding by reason of the fact that he or she is or was a director or officer of
the Association, against all costs and expenses, including attorneys fees, actually and reasonably incurred by the
Indemnitee in connection with the defense of such action, suit or proceeding, or in connection with any appeal
thereof or to enforce the indemnity rights contemplated hereby except in relation to matters as to which it shall be
adjudged in such action, suit or proceeding that such Indemnitee is guilty of gross negligence or willful misconduct
in the performance of his or her duties. The Association shall also reimburse any such Indemnitee for the
reasonable costs of settlement of or for any judgment rendered in any such action, suit or proceeding, unless it shall
be adjudged in such action, suit or proceeding that such Indemnitee was guilty of gross negligence or willful
misconduct. In making such findings and notwithstanding the adjudication in any action, suit or proceeding
against an Indemnitee, no director or officer shall be considered or deemed to be guilty of or liable for gross
negligence or willful 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 Association or statements or advice made by or prepared by any
managing agent of the Association or any accountant, attorney or other person or firm employed or retained by
the Association to render advice or service, unless such director or officer had actual knowledge of the falsity or
incorrectness thereof; nor shall a director be deemed guilty of gross negligence or willful 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 proceeding may 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 provided in this section 5.11.
ARTICLE VI
ARCmTECTURAL REVIEW COMMfITEE
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6.1 Creation. There shall be, and hereby is, created and established an Architectural Review Committee
to perform the functions provided 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 with or without cause. After the end of the Development Period, the
Architectural Review Committee shall be a standing committee of the Association, consisting of three (3) persons
appointed, from time to time, by the Board of Directors of the Association. The three persons appointed by the
Board of Directors to the Architectural Review Committee shall consist of Owners of Lots but need not be members
of the Board of Directors. The Board of Directors may at any time after the end of the Development Period remove
any member of the Architectural Review Committee upon a majority vote of the members of the Board of
Directors.
6.2 Purposes and Powers of Architectural Review Committee. The Architectural Review Committee shall
review and approve the design, appearance and location of all residenCes, structures or any other improvements
placed or modified by any person on any Lot and the 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 written approval of the Architectural Review Committee.
Such approval shall be obtained only after written application has been made to the Architectural Review
Committee by the Owner of the Lot requesting authorization from the Architectural Review Committee. Such
written application shall be in the manner and form prescribed from time to time by the Architectural Review
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
showing 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 exterior materials proposed to be used and any proposed landscaping,
together with any other material or information which the Architectural Review Committee may reasonably
require. Unless otherwise permitted by the Architectural Review Committee, plot plans shall be prepared by either
a registered land surveyor, engineer or architect.
(H) Power of Disa'DDroval. The Architectural Review Committee may refuse to approve any
application (a "Requested Change") made to it when:
(a) The plans, specifications, drawings or other materials submitted are inadequate or
incomplete, or show the Requested Change to be in violation 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 with 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 otherwise be
contrary to the interests, welfare or rights of the Developer or any other Owner.
(Hi) Rules and Relrulations. The Architectural Review 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 Owners as to the requirements of the Architectural Review Committee for the
submission and approval of Requested Changes.
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6.3 Duties of Architectural Review Committee. If the Architectural Review Committee does not approve a
Requested Change within forty-five (45) days after all required infonnation on 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 Review Committee for its pennanent files.
6.4 Liability of the Architectural Review Committee. Neither the Architectural Review Committee, the
Association, the Developer nor any agent or member of any of the foregoing, shall be responsible in any way for
any defects in any plans, specifications or other materials submitted to it, nor for any defects in any work done in
connection with a Requested Change or for any decision made by it unless made in bad faith or by willful
misconduct.
6.5 Inspection. The Architectural Review Committee or its designee may, but shall not be required to,
inspect work being perfonned to assure compliance with this Declaration and the materials submitted to it pursuant
to this Article VI and may require any work not consistent with an approved Requested Change, or not approved,
to be stopped and removed at the offending Owner's expense.
ARTICLE VII
ASSESSMENTS
7.1 Pw:pose of Assessments. Each Owner of a Lot by acceptance for itself and related entities of a deed
therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the
Association for his obligation for (i) regular assessments for Common Expenses ("Regular Assessments") and (ii)
special assessments for capital improvements and operating deficits and for special maintenance and repairs
("Special Assessments"). Such assessments shall be established, shall commence upon such dates and shall be
collected as herein provided. The general. purpose of Regular and Special Assessments is to provide funds to
maintain and improve the Common Areas and related facilities for the benefit of the Owners, and the same shall be
levied for the following specific purposes: (i) to promote the health, safety and welfare of the residents occupying
the Real Estate, (ii) for the improvement, maintenance and repair of the Common Areas, the improvements, lawn
foliage and landscaping within and upon the Common Areas, Landscape Easements, Drainage, Utility or Sewer
Easements and the drainage system, (iii) for the performance of the responsibilities and duties and satisfaction of
the obligations of the Association and (iv) for such other purposes as are reasonably necessary or specifically
provided herein.. A portion of the Regular Assessment may be set aside or otherwise allocated in a reserve fund for
repair and replacement of any capital improvements which the Association is required to maintain. The Regular
and Special Assessments levied by the Association shall be unifonn for all Lots within the Subdivision.
7.2 Regular Assessments. The Board of Directors of the Association shall have the right, power and
authority, without any 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:
(i) Until December 31 of the year immediately following the conveyance of the first Lot to an
Owner for residential use, the Maximum Regular Assessment on any Residence Unit for any calendar year shall
not exceed Dollars ($ ).
(ii) From and after December 31 of the year immediately following the conveyance of the first
Lot to an Ownerfor residential use, the Maximum Regular Assessment on 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 without a vote of the members of the Association.
(iii) From and after December 31 of the year immediately following the conveyance of the first
Lot to an Owner 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 with the approval of a
majority of those members of each class of members of the Association who cast votes in person or by proxy 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 proration for ownership during only a portion of the assessment 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
cost 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 by proxy at a duly constituted
meeting of the members of the Association called and held for such purpose.
7.4 No Assessment ag-ainst 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 of Commencement of Regular or Special 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
following the first conveyance of the related Lot to an Owner, provided that, in the case of the conveyance by
Developer of a Lot to any builder in the Subdivision not related to Developer, such commencement shall occur on
the first day of the sixth calendar month following the first conveyance of the Lot to such builder.
The Board of Directors of the Association shall fix the amount of the Regular Assessment at least thirty
(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 Owner subject thereto. The installment periods and due dates for all assessments shall be established by the
Board of Directors. The Board of Directors may provide for reasonable interest and late charges on past due
installments of assessments.
7.6 Failure of Owner to Pay Assessments.
(i) No Owner may exempt himself from paying 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
Owner. If any Owner shall fail, refuse or neglect to make any payment of any assessment when due, the lien 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 provided by law. In any action
to foreclose the lien for any assessment, the Owner 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
preserving 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 without foreclosing or waiving
the lien securing the same. In any action to recover an assessment, whether by foreclosure or otherwise, the Board
of Directors of the Association, for and on behalf of the Association, shall be entitled 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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(ii) Notwithstanding anything contained in this section 7.6 or elsewhere in this Declaration, any
~tle or transfer of a Residence Unit or Lot to a Mortgagee pursuant to a foreclosure of its mortgage or conveyance
in lieu thereof, ora conveyance to any person at a public sale in the manner provided by law with respect to
mortgage foreclosures, shall extinguish the lien of any unpaid assessments which became due prior to such sale,
transfer or conveyance; provided, however, that the extinguishment of such lien shall not relieve the prior Owner
flom personal liability therefor. No such sale, transfer or conveyance shall relieve the Residence Unit, or the
p'.ll'chaser thereof, at such foreclosure sale, or the grantee in the event of conveyance in lieu thereof, from liability
for any assessments thereafter becoming due or from the lien therefor.
7,7 Creation of Lien and Personal Obligation. All Regular Assessments and Special Assessments,
t(lgether with interest, costs of collection and attorneys' fees, shall be a continuing lien upon the Lot against which
sllch assessment is made prior to all other liens except only (i) tax liens on any Lot in favor of any unit of
g,:>vernment or special taxing district and (ii) the lien of any first mortgage of record. Each such assessment,
together with interest, costs of collection and attorneys' fees, shall also be the personal obligation of the Owner of
the Lot at the time such assessment became due and payable. Where the Owner constitutes more than one person,
the liability of such persons shall be joint and several, The personal obligation for delinquent assessments (as
distinguished from the lien upon the Lot) shall not pass to such Owner's successors in title unless expressly
a,;sumed by them, The Association, upon request of a proposed Mortgagee or proposed purchaser having a
o:mtractual 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 charges against the Lot. Such statement shall be
binding upon the Association as of the date of such statement.
7.8 Exoense Incurred to Clear Drainage. Utility or Sanitary Sewer Easement Deemed a Soecial
t.ssessment. As provided in the Plat Covenants relating to the Real Estate, the Owner of any Lot subject to a
Drainage, Utility or Sanitary Sewer Easement including any builder, shall be required to keep the portion of said
Drainage, Utility or Sanitary Sewer Easement on his Lot free from obstructions so that the storm water drainage
will not be impeded and will not be changed or altered without a permit from the applicable local governmental
authority and prior written approval of the Developer and the Association. Also, no structures or improvements,
including without limitation decks, patios, pools, fences, walkways or landscaping of any kind, shall be erected or
Dlaintained upon said easements, and any such structure or improvement so erected shall, at Developer's or the
Association's written request, be promptly removed by the Owner at the Owner's sole cost and expense. If, within
thirty (30) days after the date of such written request, such Owner shall not have commenced and diligently and
continuously effected the removal of any obstruction of storm water drainage or any prohibited structure or
improvement, Developer or the Association may enter upon the Lot and cause such obstruction, structure or
improvement to be removed so that the Drainage, Utility or Sanitary Sewer Easement is returned to its original
designed condition. In such event, Developer or the Association shall be entitled to recover the full cost of such
work from the offending Owner and such amount shall be deemed a special assessment against the Lot owned by
such Owner which, if unpaid, shall constitute a lien against such Lot and may be collected by the Association
p-ursuant to this Article 7 in the same manner as any Regular Assessment or Special Assessment may be collected.
ARTICLE VIII
INSURANCE
8.1 Casualty 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 owned by the
Association. The Association shall also insure any other property, whether real or personal, owned 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 provisions that the insurer (i) waives its rights to subrogation as to any claim against the Association, 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 payment based on invalidity
arising from the acts of the insured. Insurance proceeds shall be used by the Association for the repair or
replacement of the property for which the insurance was carried.
8.2 Liability Insurance. The Association shall also purchase 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 cover all 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 with respect to the Real Estate and the Developer.
8.3 Other Insurance. The Association shall also purchase and maintain any other insurance required by
law to be maintained, 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
Common Expenses.
ARTICLE IX
MAINTENANCE
9.1 Maintenance of Lots and Imorovements. Except to the extent 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 Owner 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 Owner 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 exterior of the improvements erected thereon. The cost of any such work shall be and constitute a
special assessment against such Lot and the owner thereof, whether or not a builder, and may be collected and
enforced in the manner provided 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 Owner for
any damage which may result from any maintenance work performed hereunder.
9.2 Damage to Common Areas. In the event of damage to or destruction of any part of the Common
Areas or any improvements which the Association owns or is required to maintain hereunder, including without
limitation any Subdivision 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 extent of the availability of such
insurance proceeds. If such insurance proceeds are insufficient to cover the costs of repair or replacement of the
property damaged or destroyed, the Association may make a Special Assessment against all Owners to cover the
additional cost of repair or replacement not covered by the insurance proceeds. Notwithstanding any obligation or
duty of the Association hereunder to repair or maintain the Common Areas and other improvements if, due to the
willful, intentional or negligent acts or omissions of any Owner (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 Owner, damage
shall be caused to the Common Areas or any other improvements maintained by the Association pursuant to this
Paragraph 9.2, or if maintenance, repairs or replacements shall be required thereby which would otherwise be a
Common Expense, then the Association shall cause such repairs to be made and such Owner 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 with such policy having a waiver of subrogation clause. If not paid by such Owner upon demand by the
Association, the cost of repairing such damage shall constitute a special assessment against such Owner, whether
or not a builder, and its Lot, to be collected and enforced in the manner provided in this Declaration for the
collection and enforcement of assessments in genera1.
ARTICLE X
MORTGAGES
10.1 Notice to Morttzagees. The Association, upon request, shall provide to any Mortgagee a written
certificate or notice specifying unpaid assessments and other defaults, if any, of the Owner of any Lot in the
performance of the Owner's obligations under this Declaration or any other applicable documents.
10.2 Notice to Association. Any Mortgagee who holds a first mortgage lien on a Lot may 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 address shall 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 shown in such record in the time provided. Unless notification of a
Mortgage and the name and address of the Mortgagee are furnished to the Secretary as herein provided, no notice
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 proxy granted to such Mortgagee in
connection with the mortgage, or otherwise.
10.3 Morteaeees' Ritzhts Uoon Default by Association. If the Association fails (i) to pay taxes or the
charges that are in default and that have or 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, then the Mortgagee with respect to any Lot may make the payment on
behalf of the Association.
ARTICLE XI
AMENDMENTS
11.1 By the Association. Except as otherwise provided in this Declaration, amendments to this
Declaration shall be proposed and adopted in the following manner:
(i) Notice. Notice of the subject matter of any proposed amendment shall be included in the
notice of the meeting of the members of the Association at which the proposed amendment is to be considered.
(ii) Resolution. A resolution to adopt a proposed amendment may be proposed by the Board of
Directors or Owners having in the aggregate at least a majority of votes of all Owners.
(iii) Meetine. The resolution concerning a proposed 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 with the provisions of the Association's By-Laws.
(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. In any case, provided, however, that any such amendment shall
require the prior written approval of Developer so long as Developer or any entity related to Developer owns any
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improvement or landscaping on the Real Estate without obtaining the approval of the Architectural Review
Committee at any time during the Development Period.
13.3 Sales Offices and Models. Notwithstanding anything to the contrary contained in this Declaration
or a Plat of any part of the Real Estate now or hereafter recorded in the office of the Recorder of Hamilton County,
Indiana, Developer, any entity related to Developer and any other person or entity with the prior written consent of
Developer, during the Development Period, shall be entitled to construct, install, erect and maintain such facilities
upon any portion of the Real Estate owned by Developer, the Association 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 Re~
Estate or the sale of Lots and the construction or sale of Residence Units thereon. Such facilities may include,
without limitation, storage areas or tanks, parking areas, signs, model residences, construction offices or trailers
and sales offices or trailers.
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IN WITNESS WHEREOF, this Declaration has been executed by Developer as of the date first above
written.
Justus Home Builders Inc., an Indiana Corporation member
By:
ST ATE OF INDIANA )
COUNTY OF
) SS:
)
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.
Notary Public
Printed Name
My Commission Expires:
County of Residence:
This instrument was prepared by and return recorded instrument to: C. White, 510 Fox Lane, Carmel, IN 46032
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Open Space Area Description
For
The Villas at Sweet Charity Farms
There will not be any Open Space Priority Conservation Areas within this development. All
open spaces shown on this plat will be placed in areasxwhich have been used as farmland.
These areas will not require any special protection dunng 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) 34.512
Base Density = 1.0
Open Space in Plat = 49.78% 17.169 acres
Standard Open Space = 15%
Developable Land = 34.512 acres
Permitted Density = 1.51 units per acre
Number of Lots Allowed = 52
u
CITY OF CARMEL &< CLAY
SHIP SUBDIVISION CONTROL ORDINANCE
EXHIBIT A
OPEN SPACE SCHEDULE
SUBDIVISION NAME: Th~ Villas at Sweet Charity Farm
1. SITE ACREAGE
34.512 acres
2. ZONE DISTRICT
S-1
3. MINIMUM OPEN SPACE REQUIREMENT (SOSR)
4. OPEN SPACE PROVIDED (OSP)
1 5 % /5. 18 acres
49. 748.% .Lj 7 .169 acres
5. PRIMARY CONSERVATION AREAS nla
Cl Well-head Protection Area Cl FEMAlIDNR 100 year Floodway
Cl FEMAlIDNR 100 year Flood Fringe Cl Wetlands (>1/4 ac.)
Cl White River Corridor Cl Scrub Woodland
Cl Steep slopes (10%) Cl Young Woodland
Cl Mature Woodland Cl Historic Structures/Sites
Cl Special Opportunity Corridor (identify)
Cl Other
6. NATURAL OPEN SPACE PROVIDED
0% /0
acres
7. AGRICULTURAL OPEN SPACE
0% / 0
acres
8. DESIGNED OPEN SPACE
49~ 17. 169acres
Cl
Square
o
Parks
xc
Green
Cl
Boulevard
Cl
Greenbelt
xc
Paths
Cl
Trails
Cl
Golf Courses
Cl
Pond (see below)
Cl Other
9. CONSERVANCY LOTS n/a
_no. lots
acres
10. PONDS total measured perimeter (in linear feet) 3254 1.f.
total measured accessible perimeter (not bounded) 32541.f. 100 %
Open Space Standards For Major Subdivisions
7-12
as amended per Z-346